Amended in Assembly September 3, 2015

Amended in Assembly August 27, 2015

Amended in Assembly July 8, 2015

Amended in Assembly June 24, 2015

Amended in Senate April 9, 2015

Senate BillNo. 697


Introduced by Senator Hertzberg

February 27, 2015


An act to amend Sections 280.5, 281, 309.7, 311.4, 321.6, 364, 379.7, 421, 740.3, 747, 765, 785, 846, 873, 958.5, 960, 2851, 2881, 2891, 5387, 5920, 5960, 7661, 7712, 7912, and 8283 of, to amend the headings of Article 5 (commencing with Section 581) of Chapter 3 of, and Article 11 (commencing with Section 910) of Chapter 4 of, Part 1 of Division 1 of, to amend and renumber Sections 321.7, 326, 326.5, 399.19, 432.5, 747.6, 748, 765.6, 911, 915, 5006, 5012, 7711, and 8367 of, to amend, renumber, and add Section 910 of, to add Sections 590, 910.1, 910.3, 910.6, 911.1, 912, 912.2, 913,begin delete 913.2,end delete 913.5,begin insert 913.11,end insert 913.12, 913.13,begin delete 913.14,end delete 914, 914.1, 914.2, 914.3, 914.4, 914.5, 914.6, 914.7. 916, 916.1, 916.4, 919, and 920 to, and to repeal Section 5385.5 of, the Public Utilities Code, relating to public utilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 697, as amended, Hertzberg. Public Utilities Commission Accountability Act of 2015: reports: audits: electrical restructuring: charter-party carriers of passengers.

The California Constitution establishes the Public Utilities Commission and authorizes the commission to exercise ratemaking and rulemaking authority over all public utilities, as defined, subject to control by the Legislature. Existing law requires the commission to report various information to the Legislature.

This bill would adopt the Public Utilities Commission Accountability Act of 2015. The bill would recast certain of the commission’s reporting requirements to an article within the Public Utilities Act pertaining to reports by the commission to the Legislature and make other conforming changes. The bill would require the commission to report specified information on a quarterly basis relative to implementation of the California Renewables Portfolio Standardbegin delete Program and community choice aggregation.end deletebegin insert Program.end insert

Existing law relative to restructuring of the electrical industry authorizes an electrical corporation to apply to the commission for a determination that certain transition costs, as defined, may be recovered through fixed transition amounts, which would constitute transition property, as defined, and provides, until December 31, 2015, for the issuance of financing orders and provides for the issuance of rate reduction bonds to be paid out of rates.

This bill would extend the authorization for the issuance of financing orders from December 31, 2015, to December 31, 2016.

The Passenger Charter-party Carriers’ Act places charter-party carriers of passengers, as defined, under the jurisdiction of the Public Utilities Commission. Under existing law, no charter party carrier of passengers may operate a motor vehicle on a public highway unless there is displayed on the vehicle a distinctive identifying symbol, in the form prescribed by the commission, showing the classification to which the carrier belongs. For motor vehicles designed to carry not more than 8 passengers, the commission is required to issue a suitable decal with an identifying symbol and of a specified size for that purpose.

This bill would repeal that provision requiring the issuance of the decal.

begin insert

This bill would incorporate additional changes in Section 281 of the Public Utilities Code proposed by AB 1262, to be operative only if AB 1262 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last. This bill would incorporate additional changes in Section 5387 of the Public Utilities Code proposed by SB 541, to be operative only if SB 541 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Public Utilities Commission Accountability Act of 2015.

3

SEC. 2.  

Section 280.5 of the Public Utilities Code is amended
4to read:

5

280.5.  

(a) Of the revenues from fees collected pursuant to
6Section 14666.8 of the Government Code after the operative date
7of this section, except for revenues from fees from a lease
8agreement for access to Department of Transportation property or
9a lease agreement existing prior to the operative date of the section,
1015 percent shall be available, upon appropriation by the Legislature,
11for the purpose of addressing the state’s digital divide.

12(b) Revenues described in subdivision (a) shall be deposited in
13the Digital Divide Account, which is hereby established in the
14California Teleconnect Fund Administrative Committee Fund
15established pursuant to Section 270, to be used only for digital
16divide pilot projects. Not more than 5 percent of the revenues
17described in subdivision (a) may be used to pay the costs incurred
18in connection with the administration of digital divide pilot projects
19by the commission.

20(c) (1) The Digital Divide Grant Program is hereby established
21subject to the availability of funding pursuant to this section. The
22commission may not implement the grant program until the
23commission projects that at least five hundred thousand dollars
24($500,000) will be available in the Digital Divide Account during
25the calendar year following implementation, based on money
26collected pursuant to Section 14666.8 of the Government Code.

27(2) The commission shall provide grants pursuant to this
28subdivision on a competitive basis subject to criteria to be
29established by the commission and in a way that disburses the
30funds widely, including urban and rural areas. Grants shall be
31awarded to community-based nonprofit organizations that are
32exempt from taxation under Section 501(c)(3) of the Internal
33Revenue Code for the purpose of funding community technology
34programs.

P4    1(3) Recipients of grants pursuant to this subdivision shall report
2to the commission annually on the effectiveness of the grant
3program.

4(d) For purposes of this section, “community technology
5programs” means a program that is engaged in diffusing technology
6in local communities and training local communities in the use of
7technology, especially local communities that otherwise would
8have no access or limited access to the Internet and other
9technologies.

10(e) For purposes of this section, “digital divide projects” means
11community technology programs involved in activities that include,
12but are not limited to, the following:

13(1) Providing open access to and opportunities for training in
14technology.

15(2) Developing content relevant to the interests and wants of
16the local community.

17(3) Preparing youth for opportunities in the new economy
18through multimedia training and skills.

19(4) Harnessing technology for e-government services.

20

SEC. 3.  

Section 281 of the Public Utilities Code is amended
21to read:

22

281.  

(a) The commission shall develop, implement, and
23administer the California Advanced Services Fund program to
24encourage deployment of high-quality advanced communications
25services to all Californians that will promote economic growth,
26job creation, and the substantial social benefits of advanced
27information and communications technologies, consistent with
28this section.

29(b) (1) The goal of the program is, no later than December 31,
302015, to approve funding for infrastructure projects that will
31provide broadband access to no less than 98 percent of California
32households.

33(2) In approving infrastructure projects, the commission shall
34give priority to projects that provide last-mile broadband access
35to households that are unserved by an existing facilities-based
36broadband provider. The commission shall provide each applicant,
37and any party challenging an application, the opportunity to
38demonstrate actual levels of broadband service in the project area,
39which the commission shall consider in reviewing the application.

P5    1(c) The commission shall establish the following accounts within
2the fund:

3(1) The Broadband Infrastructure Grant Account.

4(2) The Rural and Urban Regional Broadband Consortia Grant
5Account.

6(3) The Broadband Infrastructure Revolving Loan Account.

7(4) The Broadband Public Housing Account.

8(d) (1) All moneys collected by the surcharge authorized by
9the commission pursuant to Decision 07-12-054 shall be
10transmitted to the commission pursuant to a schedule established
11by the commission. The commission shall transfer the moneys
12received to the Controller for deposit in the California Advanced
13Services Fund. Moneys collected on and after January 1, 2011,
14shall be deposited in the following amounts in the following
15accounts:

16(A) One hundred ninety million dollars ($190,000,000) into the
17Broadband Infrastructure Grant Account.

18(B) Ten million dollars ($10,000,000) into the Rural and Urban
19Regional Broadband Consortia Grant Account.

20(C) Fifteen million dollars ($15,000,000) into the Broadband
21Infrastructure Revolving Loan Account.

22(2) All interest earned on moneys in the fund shall be deposited
23in the fund.

24(3) The commission shall not collect moneys, by imposing the
25surcharge described in paragraph (1) for deposit in the fund, in an
26amount that exceeds one hundred million dollars ($100,000,000)
27before January 1, 2011. On and after January 1, 2011, the
28commission may collect an additional sum not to exceed two
29hundred fifteen million dollars ($215,000,000), for a sum total of
30moneys collected by imposing the surcharge described in paragraph
31(1) not to exceed three hundred fifteen million dollars
32($315,000,000). The commission may collect the additional sum
33beginning with the calendar year starting on January 1, 2011, and
34continuing through the 2020 calendar year, in an amount not to
35exceed twenty-five million dollars ($25,000,000) per year, unless
36the commission determines that collecting a higher amount in any
37 year will not result in an increase in the total amount of all
38surcharges collected from telephone customers that year.

39(e) (1) All moneys in the California Advanced Services Fund
40shall be available, upon appropriation by the Legislature, to the
P6    1commission for the program administered by the commission
2pursuant to this section, including the costs incurred by the
3commission in developing, implementing, and administering the
4program and the fund.

5(2) Notwithstanding any other law and for the sole purpose of
6providing matching funds pursuant to the federal American
7Recovery and Reinvestment Act of 2009 (Public Law 111-5), any
8entity eligible for funding pursuant to that act shall be eligible to
9apply to participate in the program administered by the commission
10pursuant to this section, if that entity otherwise satisfies the
11eligibility requirements under that program. Nothing in this section
12shall impede the ability of an incumbent local exchange carrier,
13as defined by subsection (h) of Section 251 of Title 47 of the
14United States Code, that is regulated under a rate of return
15regulatory structure, to recover, in rate base, California
16infrastructure investment not provided through federal or state
17grant funds for facilities that provide broadband service and
18California intrastate voice service.

19(3) Notwithstanding subdivision (b) of Section 270, an entity
20that is not a telephone corporation shall be eligible to apply to
21participate in the program administered by the commission pursuant
22to this section to provide access to broadband to an unserved or
23underserved household, as defined in commission Decision
2412-02-015, if the entity otherwise meets the eligibility requirements
25and complies with program requirements established by the
26commission. These requirements shall include all of the following:

27(A) That projects under this paragraph provide last-mile
28broadband access to households that are unserved by an existing
29facilities-based broadband provider and only receive funding to
30provide broadband access to households that are unserved or
31underserved, as defined in commission Decision 12-02-015.

32(B) That funding for a project providing broadband access to
33an underserved household shall not be approved until after any
34existing facilities-based provider has an opportunity to demonstrate
35to the commission that it will, within a reasonable timeframe,
36upgrade existing service. An existing facilities-based provider
37may, but is not required to, apply for funding under this section to
38make that upgrade.

39(C) That the commission shall provide each applicant, and any
40party challenging an application, the opportunity to demonstrate
P7    1actual levels of broadband service in the project area, which the
2commission shall consider in reviewing the application.

3(D) That a local governmental agency may be eligible for an
4infrastructure grant only if the infrastructure project is for an
5unserved household or business, the commission has conducted
6an open application process, and no other eligible entity applied.

7(E) That the commission shall establish a service list of
8interested parties to be notified of California Advanced Services
9Fund applications.

10(f) Moneys in the Rural and Urban Regional Broadband
11Consortia Grant Account shall be available for grants to eligible
12consortia to fund the cost of broadband deployment activities other
13than the capital cost of facilities, as specified by the commission.
14An eligible consortium may include, as specified by the
15commission, representatives of organizations, including, but not
16limited to, local and regional government, public safety, elementary
17and secondary education, health care, libraries, postsecondary
18education, community-based organizations, tourism, parks and
19recreation, agricultural, and business, and is not required to have
20as its lead fiscal agent an entity with a certificate of public
21convenience and necessity.

22(g) Moneys in the Broadband Infrastructure Revolving Loan
23Account shall be available to finance capital costs of broadband
24facilities not funded by a grant from the Broadband Infrastructure
25Grant Account. The commission shall periodically set interest rates
26on the loans based on surveys of existing financial markets.

27(h) (1) For purposes of this subdivision, the following terms
28have the following meanings:

29(A) “Publicly subsidized” means either that the housing
30development receives financial assistance from the United States
31Department of Housing and Urban Development pursuant to an
32annual contribution contract or is financed with low-income
33housing tax credits, tax-exempt mortgage revenue bonds, general
34obligation bonds, or local, state, or federal loans or grants and the
35rents of the occupants, who are lower income households, do not
36exceed those prescribed by deed restrictions or regulatory
37agreements pursuant to the terms of the financing or financial
38assistance.

P8    1(B) “Publicly supported community” means a publicly
2subsidized multifamily housing development that is wholly owned
3by either of the following:

4(i) A public housing agency that has been chartered by the state,
5or by any city or county in the state, and has been determined to
6be an eligible public housing agency by the United States
7Department of Housing and Urban Development.

8(ii) An incorporated nonprofit organization as described in
9Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec.
10501(c)(3)) that is exempt from taxation under Section 501(a) of
11that code (16 U.S.C. Sec. 501(a)), and that has received public
12funding to subsidize the construction or maintenance of housing
13occupied by residents whose annual income qualifies as “low” or
14“very low” income according to federal poverty guidelines.

15(2) Notwithstanding subdivision (b) of Section 270, moneys in
16the Broadband Public Housing Account shall be available for the
17commission to award grants and loans pursuant to this subdivision
18to an eligible publicly supported community if that entity otherwise
19meets eligibility requirements and complies with program
20requirements established by the commission.

21(3) Not more than twenty million dollars ($20,000,000) shall
22be available for grants and loans to a publicly supported community
23to finance a project to connect a broadband network to that publicly
24supported community. A publicly supported community may be
25an eligible applicant only if the publicly supported community can
26verify to the commission that the publicly supported community
27has not denied a right of access to any broadband provider that is
28willing to connect a broadband network to the facility for which
29the grant or loan is sought.

30(4) (A) Not more than five million dollars ($5,000,000) shall
31be available for grants and loans to a publicly supported community
32to support programs designed to increase adoption rates for
33broadband services for residents of that publicly supported
34community. A publicly supported community may be eligible for
35funding for a broadband adoption program only if the residential
36units in the facility to be served have access to broadband services
37or will have access to broadband services at the time the funding
38for adoption is implemented.

P9    1(B) A publicly supported community may contract with other
2nonprofit or public agencies to assist in implementation of a
3broadband adoption program.

4(5) To the extent feasible, the commission shall approve projects
5for funding from the Broadband Public Housing Account in a
6manner that reflects the statewide distribution of publicly supported
7communities.

8(6) In reviewing a project application under this subdivision,
9the commission shall consider the availability of other funding
10sources for that project, any financial contribution from the
11broadband service provider to the project, the availability of any
12other public or private broadband adoption or deployment program,
13including tax credits and other incentives, and whether the applicant
14has sought funding from, or participated in, any reasonably
15available program. The commission may require an applicant to
16provide match funding, and shall not deny funding for a project
17solely because the applicant is receiving funding from another
18source.

19(7) (A) To provide funding for the purposes of this subdivision,
20the commission shall transfer to the Broadband Public Housing
21Account twenty million dollars ($20,000,000) from the Broadband
22Infrastructure Grant Account and five million dollars ($5,000,000)
23from the Broadband Revolving Loan Account. Any moneys in the
24Broadband Public Housing Account that have not been awarded
25pursuant to this subdivision by December 31, 2016, shall be
26transferred back to the Broadband Infrastructure Grant Account
27and Broadband Infrastructure Revolving Loan Account in
28proportion to the amount transferred from the respective accounts.

29(B) The commission shall transfer funds pursuant to
30subparagraph (A) only if the commission is otherwise authorized
31to collect funds for purposes of this section in excess of the total
32amount authorized pursuant to paragraph (3) of subdivision (d).

33begin insert

begin insertSEC. 3.5.end insert  

end insert

begin insertSection 281 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
34to read:end insert

35

281.  

(a) The commission shall develop, implement, and
36administer the California Advanced Services Fund program to
37encourage deployment of high-quality advanced communications
38services to all Californians that will promote economic growth,
39job creation, and the substantial social benefits of advanced
P10   1information and communications technologies, consistent with
2this section.

3(b) (1) The goal of the program is, no later than December 31,
42015, to approve funding for infrastructure projects that will
5provide broadband access to no less than 98 percent of California
6households.

7(2) In approving infrastructure projects, the commission shall
8give priority to projects that provide last-mile broadband access
9to households that are unserved by an existing facilities-based
10broadband provider. The commission shall provide each applicant,
11and any party challenging an application, the opportunity to
12demonstrate actual levels of broadband service in the project area,
13which the commission shall consider in reviewing the application.

14(c) The commission shall establish the following accounts within
15the fund:

16(1) The Broadband Infrastructure Grant Account.

17(2) The Rural and Urban Regional Broadband Consortia Grant
18Account.

19(3) The Broadband Infrastructure Revolving Loan Account.

20(4) The Broadband Public Housing Account.

21(d) (1) All moneys collected by the surcharge authorized by
22the commission pursuant to Decision 07-12-054 shall be
23transmitted to the commission pursuant to a schedule established
24by the commission. The commission shall transfer the moneys
25received to the Controller for deposit in the California Advanced
26Services Fund. Moneys collected on and after January 1, 2011,
27shall be deposited in the following amounts in the following
28accounts:

29(A) One hundred ninety million dollars ($190,000,000) into the
30Broadband Infrastructure Grant Account.

31(B) begin deleteTen end deletebegin insertFifteen end insertmillion dollarsbegin delete ($10,000,000)end deletebegin insert ($15,000,000)end insert
32 into the Rural and Urban Regional Broadband Consortia Grant
33Account.

34(C) begin deleteFifteen end deletebegin insertTen end insertmillion dollarsbegin delete ($15,000,000)end deletebegin insert ($10,000,000)end insert
35 into the Broadband Infrastructure Revolving Loan Account.

36(2) All interest earned on moneys in the fund shall be deposited
37in the fund.

38(3) The commission shall not collect moneys, by imposing the
39surcharge described in paragraph (1) for deposit in the fund, in an
40amount that exceeds one hundred million dollars ($100,000,000)
P11   1before January 1, 2011. On and after January 1, 2011, the
2commission may collect an additional sum not to exceed two
3hundred fifteen million dollars ($215,000,000), for a sum total of
4moneys collected by imposing the surcharge described in paragraph
5(1) not to exceed three hundred fifteen million dollars
6($315,000,000). The commission may collect the additional sum
7beginning with the calendar year starting on January 1, 2011, and
8continuing through the 2020 calendar year, in an amount not to
9exceed twenty-five million dollars ($25,000,000) per year, unless
10the commission determines that collecting a higher amount in any
11year will not result in an increase in the total amount of all
12surcharges collected from telephone customers that year.

13(e) (1) All moneys in the California Advanced Services Fund
14shall be available, upon appropriation by the Legislature, to the
15commission for the program administered by the commission
16pursuant to this section, including the costs incurred by the
17commission in developing, implementing, and administering the
18program and the fund.

19(2) Notwithstanding any other law and for the sole purpose of
20providing matching funds pursuant to the federal American
21Recovery and Reinvestment Act of 2009 (Public Law 111-5), any
22entity eligible for funding pursuant to that act shall be eligible to
23apply to participate in the program administered by the commission
24pursuant to this section, if that entity otherwise satisfies the
25eligibility requirements under that program. Nothing in this section
26shall impede the ability of an incumbent local exchange carrier,
27as defined by subsection (h) of Section 251 of Title 47 of the
28United States Code, that is regulated under a rate of return
29regulatory structure, to recover, in rate base, California
30infrastructure investment not provided through federal or state
31grant funds for facilities that provide broadband service and
32California intrastate voice service.

33(3) Notwithstanding subdivision (b) of Section 270, an entity
34that is not a telephone corporation shall be eligible to apply to
35participate in the program administered by the commission pursuant
36to this section to provide access to broadband to an unserved or
37underserved household, as defined in commission Decision
3812-02-015, if the entity otherwise meets the eligibility requirements
39and complies with program requirements established by the
40commission. These requirements shall include all of the following:

P12   1(A) That projects under this paragraph provide last-mile
2broadband access to households that are unserved by an existing
3facilities-based broadband provider and only receive funding to
4provide broadband access to households that are unserved or
5underserved, as defined in commission Decision 12-02-015.

6(B) That funding for a project providing broadband access to
7an underserved household shall not be approved until after any
8existing facilities-based provider has an opportunity to demonstrate
9to the commission that it will, within a reasonable timeframe,
10upgrade existing service. An existing facilities-based provider
11may, but is not required to, apply for funding under this section to
12make that upgrade.

13(C) That the commission shall provide each applicant, and any
14party challenging an application, the opportunity to demonstrate
15actual levels of broadband service in the project area, which the
16commission shall consider in reviewing the application.

17(D) That a local governmental agency may be eligible for an
18infrastructure grant only if the infrastructure project is for an
19 unserved household or business, the commission has conducted
20an open application process, and no other eligible entity applied.

21(E) That the commission shall establish a service list of
22interested parties to be notified of California Advanced Services
23Fund applications.

24(f) Moneys in the Rural and Urban Regional Broadband
25Consortia Grant Account shall be available for grants to eligible
26consortia to fund the cost of broadband deployment activities other
27than the capital cost of facilities, as specified by the commission.
28An eligible consortium may include, as specified by the
29commission, representatives of organizations, including, but not
30limited to, local and regional government, public safety, elementary
31and secondary education, health care, libraries, postsecondary
32education, community-based organizations, tourism, parks and
33recreation, agricultural, and business, and is not required to have
34as its lead fiscal agent an entity with a certificate of public
35convenience and necessity.

36(g) Moneys in the Broadband Infrastructure Revolving Loan
37Account shall be available to finance capital costs of broadband
38facilities not funded by a grant from the Broadband Infrastructure
39Grant Account. The commission shall periodically set interest rates
40on the loans based on surveys of existing financial markets.

P13   1(h) (1) For purposes of this subdivision, the following terms
2have the following meanings:

3(A) “Publicly subsidized” means either that the housing
4development receives financial assistance from the United States
5Department of Housing and Urban Development pursuant to an
6annual contribution contract or is financed with low-income
7housing tax credits, tax-exempt mortgage revenue bonds, general
8obligation bonds, or local, state, or federal loans or grants and the
9rents of the occupants, who are lower income households, do not
10exceed those prescribed by deed restrictions or regulatory
11agreements pursuant to the terms of the financing or financial
12assistance.

13(B) “Publicly supported community” means a publicly
14subsidized multifamily housing development that is wholly owned
15by either of the following:

16(i) A public housing agency that has been chartered by the state,
17or by any city or county in the state, and has been determined to
18be an eligible public housing agency by the United States
19Department of Housing and Urban Development.

20(ii) An incorporated nonprofit organization as described in
21Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec.
22501(c)(3)) that is exempt from taxation under Section 501(a) of
23that code (16 U.S.C. Sec. 501(a)), and that has received public
24funding to subsidize the construction or maintenance of housing
25occupied by residents whose annual income qualifies as “low” or
26“very low” income according to federal poverty guidelines.

27(2) Notwithstanding subdivision (b) of Section 270, moneys in
28the Broadband Public Housing Account shall be available for the
29commission to award grants and loans pursuant to this subdivision
30to an eligible publicly supported community if that entity otherwise
31meets eligibility requirements and complies with program
32requirements established by the commission.

33(3) Not more than twenty million dollars ($20,000,000) shall
34be available for grants and loans to a publicly supported community
35to finance a project to connect a broadband network to that publicly
36supported community. A publicly supported community may be
37 an eligible applicant only if the publicly supported community can
38verify to the commission that the publicly supported community
39has not denied a right of access to any broadband provider that is
P14   1willing to connect a broadband network to the facility for which
2the grant or loan is sought.

3(4) (A) Not more than five million dollars ($5,000,000) shall
4be available for grants and loans to a publicly supported community
5to support programs designed to increase adoption rates for
6broadband services for residents of that publicly supported
7community. A publicly supported community may be eligible for
8funding for a broadband adoption program only if the residential
9units in the facility to be served have access to broadband services
10or will have access to broadband services at the time the funding
11for adoption is implemented.

12(B) A publicly supported community may contract with other
13nonprofit or public agencies to assist in implementation of a
14broadband adoption program.

15(5) To the extent feasible, the commission shall approve projects
16for funding from the Broadband Public Housing Account in a
17manner that reflects the statewide distribution of publicly supported
18communities.

19(6) In reviewing a project application under this subdivision,
20the commission shall consider the availability of other funding
21sources for that project, any financial contribution from the
22broadband service provider to the project, the availability of any
23other public or private broadband adoption or deployment program,
24including tax credits and other incentives, and whether the applicant
25has sought funding from, or participated in, any reasonably
26available program. The commission may require an applicant to
27provide match funding, and shall not deny funding for a project
28solely because the applicant is receiving funding from another
29source.

30(7) (A) To provide funding for the purposes of this subdivision,
31the commission shall transfer to the Broadband Public Housing
32Account twenty million dollars ($20,000,000) from the Broadband
33Infrastructure Grant Account and five million dollars ($5,000,000)
34from the Broadband Revolving Loan Account. Any moneys in the
35Broadband Public Housing Account that have not been awarded
36pursuant to this subdivision by December 31, 2016, shall be
37transferred back to the Broadband Infrastructure Grant Account
38and Broadband Infrastructure Revolving Loan Account in
39proportion to the amount transferred from the respective accounts.

P15   1(B) The commission shall transfer funds pursuant to
2subparagraph (A) only if the commission is otherwise authorized
3to collect funds for purposes of this section in excess of the total
4amount authorized pursuant to paragraph (3) of subdivision (d).

begin delete

5(i) (1) The commission shall conduct two interim financial
6audits and a final financial audit and two interim performance
7audits and a final performance audit of the implementation and
8effectiveness of the California Advanced Services Fund to ensure
9that funds have been expended in accordance with the approved
10terms of the grant awards and loan agreements and this section.
11The commission shall report its interim findings to the Legislature
12by April 1, 2011, and April 1, 2017. The commission shall report
13its final findings to the Legislature by April 1, 2021. The reports
14shall also include an update to the maps in the final report of the
15California Broadband Task Force and data on the types and
16numbers of jobs created as a result of the program administered
17by the commission pursuant to this section.

18(2) (A) The requirement for submitting a report imposed under
19paragraph (1) is inoperative on January 1, 2022, pursuant to Section
2010231.5 of the Government Code.

21(B) A report to be submitted pursuant to paragraph (1) shall be
22submitted in compliance with Section 9795 of the Government
23Code.

24(j) (1) Beginning on January 1, 2012, and annually thereafter,
25the commission shall provide a report to the Legislature that
26includes all of the following information:

27(A) The amount of funds expended from the California
28Advanced Services Fund in the prior year.

29(B) The recipients of funds expended from the California
30Advanced Services Fund in the prior year.

31(C) The geographic regions of the state affected by funds
32expended from the California Advanced Services Fund in the prior
33year.

34(D) The expected benefits to be derived from the funds expended
35from the California Advanced Services Fund in the prior year.

36(E) Actual broadband adoption levels from the funds expended
37from the California Advanced Services Fund in the prior year.

38(F) The amount of funds expended from the California
39Advanced Services Fund used to match federal funds.

P16   1(G) An update on the expenditures from California Advanced
2Services Fund and broadband adoption levels, and an accounting
3of remaining unserved and underserved households and areas of
4the state.

5(H) The status of the California Advanced Services Fund balance
6and the projected amount to be collected in each year through 2020
7to fund approved projects.

8(2) (A) The requirement for submitting a report imposed under
9paragraph (1) is inoperative on January 1, 2021, pursuant to Section
1010231.5 of the Government Code.

11(B) A report to be submitted pursuant to paragraph (1) shall be
12submitted in compliance with Section 9795 of the Government
13 Code.

end delete
14

SEC. 4.  

Section 309.7 of the Public Utilities Code is amended
15to read:

16

309.7.  

(a) The division of the commission responsible for
17consumer protection and safety shall be responsible for inspection,
18surveillance, and investigation of the rights-of-way, facilities,
19equipment, and operations of railroads and public mass transit
20guideways, and for enforcing state and federal laws, regulations,
21orders, and directives relating to transportation of persons or
22commodities, or both, of any nature or description by rail. The
23division of the commission responsible for consumer protection
24and safety shall advise the commission on all matters relating to
25rail safety, and shall propose to the commission rules, regulations,
26orders, and other measures necessary to reduce the dangers caused
27by unsafe conditions on the railroads of the state. The delegation
28of enforcement responsibility to the division of the commission
29responsible for consumer protection and safety shall not diminish
30the power of other agencies of state government to enforce laws
31relating to employee or environmental safety, pollution prevention,
32or public health and safety.

33(b) In performing its duties, the division of the commission
34responsible for consumer protection and safety shall exercise all
35powers of investigation granted to the commission, including rights
36to enter upon land or facilities, inspect books and records, and
37compel testimony. The commission shall employ sufficient
38federally certified inspectors to ensure at the time of inspection
39that railroad locomotives and equipment and facilities located in
40class I railroad yards in California are inspected not less frequently
P17   1than every 180 days, and all main and branch line tracks are
2inspected not less frequently than every 12 months. In performing
3its duties, the division of the commission responsible for consumer
4protection and safety shall consult with representatives of railroad
5corporations, labor organizations representing railroad employees,
6and the Federal Railroad Administration.

7(c) The general counsel shall assign to the division of the
8commission responsible for consumer protection and safety the
9personnel and attorneys necessary to fully utilize the powers
10granted to the commission by any state law, and by any federal
11law relating to rail transportation, including, but not limited to, the
12Federal Rail Safety Act (45 U.S.C. Sec. 421m et seq.), to enforce
13safety laws, rules, regulations, and orders, and to collect fines and
14penalties resulting from the violation of any safety rule or
15regulation.

16(d) The activities of the division of the commission responsible
17for consumer protection and safety that relate to safe operation of
18common carriers by rail, other than those relating to grade crossing
19protection, shall also be supported by the fees paid by railroad
20corporations, if any, pursuant to Sections 421 to 424, inclusive.
21The activities of the division of the commission responsible for
22consumer protection and safety that relate to grade crossing
23protection shall be supported by funds appropriated therefor from
24the State Highway Account in the State Transportation Fund.

25

SEC. 5.  

Section 311.4 of the Public Utilities Code is amended
26to read:

27

311.4.  

(a) On or after July 1, 2001, the commission shall
28establish procedures to permit the submission of informal
29complaints through electronic means in accordance with this
30section.

31(b) On or before January 1, 2002, the commission shall provide
32on its Internet Web site the means by which consumers may submit
33informal complaints through electronic means.

34(c) For the purpose of this section, “electronic means” includes,
35but shall not be limited to, email or the Internet, or both.

36(d) Upon the receipt of an informal complaint submitted by
37electronic means, the commission shall immediately forward the
38 complaint to the entity named in the complaint.

P18   1(e) The commission shall permit the submission of informal
2complaints through electronic means, if, as determined by the
3commission, both of the following conditions are met:

4(1) The dollar amount in the complaint does not exceed the
5jurisdictional limit of a small claims court specified in subdivision
6(a) of Section 116.220 or Section 116.221 of the Code of Civil
7Procedure.

8(2) The commission has addressed any impediments in the
9electronic systems employed by the commission that would prevent
10or substantially adversely affect the ability of the commission to
11receive informal complaints by electronic means.

12(f) The commission shall include a notice on its Internet Web
13site of the availability of the procedures described in subdivision
14(a).

15(g) For the purposes of implementing this section, the
16commission shall make available to the public an industry specific
17online complaint form that allows a customer to specify
18information that the commission determines to be relevant for
19purposes of resolving a dispute, including the account number, the
20type of dispute, and the opportunity to make general comments.

21(h) This act may not be implemented, and no information
22technology-related preparatory work may be undertaken in
23connection with this act prior to July 1, 2001, without the
24concurrence of the commission and the authorization of the
25Department of Information Technology pursuant to Executive
26Order D-3-99.

27

SEC. 6.  

Section 321.6 of the Public Utilities Code is amended
28to read:

29

321.6.  

The president of the commission shall annually appear
30before the appropriate policy committees of the Senate and
31Assembly to present the annual report of the commission required
32pursuant to Section 910.

33

SEC. 7.  

Section 321.7 of the Public Utilities Code is amended
34and renumbered to read:

35

913.10.  

(a) On or before January 1, 2010, and biennially
36thereafter, the commission, in consultation with the Independent
37System Operator and the State Energy Resources Conservation
38and Development Commission, shall study, and submit a report
39to the Legislature and the Governor, on the impacts of distributed
P19   1energy generation on the state’s distribution and transmission grid.
2The study shall evaluate all of the following:

3(1) Reliability and transmission issues related to connecting
4distributed energy generation to the local distribution networks
5and regional grid.

6(2) Issues related to grid reliability and operation, including
7interconnection, and the position of federal and state regulators
8toward distributed energy accessibility.

9(3) The effect on overall grid operation of various distributed
10energy generation sources.

11(4) Barriers affecting the connection of distributed energy to
12the state’s grid.

13(5) Emerging technologies related to distributed energy
14generation interconnection.

15(6) Interconnection issues that may arise for the Independent
16System Operator and local distribution companies.

17(7) The effect on peak demand for electricity.

18(b) In addition, the commission shall specifically assess the
19impacts of the California Solar Initiative program, specified in
20Section 2851 and Section 25783 of the Public Resources Code,
21the self-generation incentive program authorized by Section 379.6,
22and the net energy metering pilot program authorized by Section
232827.9.

24

SEC. 8.  

Section 326 of the Public Utilities Code is amended
25and renumbered to read:

26

910.5.  

(a) By January 10 of each year, the commission shall
27report to the Joint Legislative Budget Committee and appropriate
28fiscal and policy committees of the Legislature, on all sources and
29amounts of funding and actual and proposed expenditures, both
30in the two prior fiscal years and for the proposed fiscal year,
31including any costs to ratepayers, related to interactions by the
32commission, its officers, or its staff with the California Public
33Utilities Commission Foundation, or any derivative, or successor,
34or with any agent or director of the foundation, including all of
35the following:

36(1) Attendance at meetings, conferences, or events organized
37or sponsored by the foundation.

38(2) Any contract or other agreement between the commission,
39its officers, or its staff and the foundation, including agreements
P20   1relating to attendance at any educational or training conference or
2event.

3(3) Any agenda item, order, decision, resolution, or motion,
4referencing the foundation.

5(4) Endorsements of the foundation or its activities.

6(5) Any contribution made to the foundation at the behest of a
7member of the commission, its officers, or its staff, and any direct
8or indirect contribution made to the foundation by a member of
9the commission, its officers, or its staff. For purposes of this
10paragraph, “contribution” means any payment, a forgiveness of a
11loan, a payment of a loan by a third party, or an enforceable
12promise to make a payment, except to the extent that full and
13adequate consideration is received.

14(b) (1) Within eight weeks of any contribution to the foundation
15made at the behest of a member of the commission, its officers,
16or its staff, the commission shall report the contribution to the Joint
17Legislative Budget Committee and appropriate fiscal and policy
18committees of the Legislature, and include any documents
19pertaining to the contribution.

20(2) Each report shall include certification from the commission
21that the contribution does not violate the Conflict of Interest Code
22and Statement of Incompatible Activities adopted pursuant to
23Section 303.

24

SEC. 9.  

Section 326.5 of the Public Utilities Code is amended
25and renumbered to read:

26

910.4.  

By January 10 of each year, the commission shall report
27to the Joint Legislative Budget Committee and appropriate fiscal
28and policy committees of the Legislature, on all sources and
29amounts of funding and actual and proposed expenditures, both
30in the two prior fiscal years and for the proposed fiscal year,
31including any costs to ratepayers, related to both of the following:

32(a) Entities or programs established by the commission by order,
33decision, motion, settlement, or other action, including, but not
34limited to, the California Clean Energy Fund, the California
35Emerging Technology Fund, and the Pacific Forest and Watershed
36Lands Stewardship Council. The report shall contain descriptions
37of relevant issues, including, but not limited to, all of the following:

38(1) Any governance structure established for an entity or
39program.

P21   1(2) Any staff or employees hired by or for the entity or program
2and their salaries and expenses.

3(3) Any staff or employees transferred or loaned internally or
4interdepartmentally for the entity or program and their salaries and
5expenses.

6(4) Any contracts entered into by the entity or program, the
7funding sources for those contracts, and the legislative authority
8under which the commission entered into the contract.

9(5) The public process and oversight governing the entity or
10program’s activities.

11(b) Entities or programs established by the commission, other
12than those expressly authorized by statute, under the following
13sections:

14(1) Section 379.6.

15(2) Section 399.8.

16(3) Section 739.1.

17(4) Section 2790.

18(5) Section 2851.

19

SEC. 10.  

Section 364 of the Public Utilities Code is amended
20to read:

21

364.  

(a) The commission shall adopt inspection, maintenance,
22repair, and replacement standards, and shall, in a new proceeding,
23or new phase of an existing proceeding, to commence on or before
24July 1, 2015, consider adopting rules to address the physical
25security risks to the distribution systems of electrical corporations.
26The standards or rules, which shall be prescriptive or performance
27based, or both, and may be based on risk management, as
28appropriate, for each substantial type of distribution equipment or
29facility, shall provide for high-quality, safe, and reliable service.

30(b) In setting its standards or rules, the commission shall
31consider: cost, local geography and weather, applicable codes,
32potential physical security risks, national electric industry practices,
33 sound engineering judgment, and experience. The commission
34shall also adopt standards for operation, reliability, and safety
35during periods of emergency and disaster.

36(c) The commission shall conduct a review to determine whether
37the standards or rules prescribed in this section have been met. If
38the commission finds that the standards or rules have not been
39met, the commission may order appropriate sanctions, including
40penalties in the form of rate reductions or monetary fines. The
P22   1review shall be performed after every major outage. Any money
2collected pursuant to this subdivision shall be used to offset funding
3for the California Alternative Rates for Energy Program.

4(d) The commission may, consistent with other provisions of
5law, withhold from the public information generated or obtained
6pursuant to this section that it deems would pose a security threat
7to the public if disclosed.

8

SEC. 11.  

Section 379.7 of the Public Utilities Code is amended
9to read:

10

379.7.  

(a) The Legislature finds and declares that the
11demonstration project authorized pursuant to this section, at the
12Antelope Valley Fairgrounds, to determine actual energy and cost
13savings that may be achieved when investments are made onsite
14to both reduce overall electricity demand and to offset peak
15electricity demand through the installation of (1) cost-effective
16energy efficient equipment and fixtures, and (2) a photovoltaic
17solar energy system, will provide valuable empirical data upon
18which to optimize future ratepayer investments in cost-effective
19energy efficiency and photovoltaic solar systems.

20(b) (1) The demonstration project authorized pursuant to this
21section shall be referred to as the Antelope Valley Fairgrounds EE
22and PV Synergy Demonstration Project.

23(2) To ensure that potential energy and cost savings from
24cost-effective energy efficient equipment and fixtures are achieved,
25the Antelope Valley Fairgrounds shall do both of the following:

26(A) Implement the recommendations of the energy audit
27performed on July 27, 2004.

28(B) Include cost-effective energy efficient equipment and
29fixtures in all future expansions of the fairgrounds.

30(3) To ensure that potential energy and cost savings are achieved
31from a photovoltaic solar energy system of up to 630 kilowatts
32installed at the Antelope Valley Fairgrounds, the photovoltaic solar
33energy system shall meet both of the following criteria:

34(A) Be installed in a manner that optimizes operating efficiency,
35including appropriate siting.

36(B) Consist of components that are new and unused and have
37a warranty of not less than 10 years to protect against defects and
38undue degradation of electrical generation output.

39(c) An electrical corporation providing electrical service to the
40Antelope Valley Fairgrounds shall, by February 1, 2006, file with
P23   1the commission a tariff providing for an incentive rate consistent
2with this section. The incentive rate shall provide stability and
3certainty over a 10-year period in an amount and in a manner to
4support investment in, and to test the durability of, the photovoltaic
5solar energy system installed at the fairgrounds. The incentive rate,
6together with an incentive from the self-generation incentive
7program that recognizes the energy efficiency investments made
8at the fairgrounds as authorized pursuant to Section 379.6, shall
9provide for a 10-year payback period for the photovoltaic solar
10energy system. The incentive rate shall not result in any cost
11shifting among customer classes of the electrical corporation.

12(d) Actual energy and cost savings shall be determined through
13annual energy audits and ongoing metering of electricity used and
14electricity produced on a time-of-use basis.

15(e) The demonstration project will be complete 10 years from
16the date the Antelope Valley Fairgrounds first takes electrical
17service pursuant to the incentive rate required by this section.

18(f) This section shall remain in effect only until January 1, 2017,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2017, deletes or extends that date.

21

SEC. 12.  

Section 399.19 of the Public Utilities Code is
22amended and renumbered to read:

23

913.6.  

The commission, in consultation with the Energy
24Commission, shall report to the Legislature by January 1 of every
25even-numbered year on all of the following:

26(a) The progress and status of procurement activities by each
27retail seller pursuant to the California Renewables Portfolio
28Standard Program (Article 16 (commencing with Section 399.11)
29of Chapter 2.3).

30(b) The status of permitting and siting eligible renewable energy
31resources and transmission facilities necessary to supply electricity
32generated to load, including the time taken to permit each eligible
33renewable energy resource and transmission line or upgrade,
34explanations of failures to meet permitting milestones, and
35recommendations for improvements to expedite permitting and
36siting processes.

37(c) The projected ability of each electrical corporation to meet
38the renewables portfolio standard procurement requirements under
39the cost limitations in subdivision (d) of Section 399.15 and any
40recommendations for revisions of those cost limitations.

P24   1(d) Any barriers to, and policy recommendations for, achieving
2the renewables portfolio standard pursuant to the California
3Renewables Portfolio Standard Program (Article 16 (commencing
4with Section 399.11) of Chapter 2.3).

5

SEC. 13.  

Section 421 of the Public Utilities Code is amended
6to read:

7

421.  

(a) The commission shall annually determine a fee to be
8paid by every passenger stage corporation, charter-party carrier of
9passengers, pipeline corporation, for-hire vessel operator, common
10carrier vessel operator, railroad corporation, and commercial air
11operator, and every other common carrier and related business
12subject to the jurisdiction of the commission, except as otherwise
13provided in Article 3 (commencing with Section 431) of this
14chapter and Chapter 6 (commencing with Section 5001) of Division
152.

16(b) The annual fee shall be established to produce a total amount
17equal to the amount established in the authorized commission
18budget for the same year, including adjustments appropriated by
19the Legislature and an appropriate reserve, to regulate common
20carriers and related businesses, less the amount to be paid from
21special accounts or funds pursuant to Section 403, reimbursements,
22federal funds, other revenues, and unencumbered funds from the
23preceding year.

24(c) Notwithstanding any other provision of law, the fees paid
25by railroad corporations shall be used for state-funded railroad
26investigation and enforcement activities of the commission, other
27than the rail safety activities funded by the Transportation Planning
28and Development Account pursuant to Section 99315. The railroad
29fees shall be set annually at a level which generates not less than
30the amount sufficient to fund activities pursuant to Sections 765.5,
31916.2, and 7712.

32(d) On January 1, 1992, the commission shall submit to the
33Legislature a detailed budget implementing this section for the
341992-93 fiscal year. The commission shall also submit to the
35Legislature by January 1, 1993, and on each January 1 thereafter,
36a detailed budget for expenditure of railroad corporation fees for
37the ensuing budget year. The budget for expenditure of railroad
38corporation fees, for each of the 1996-97 and 1997-98 fiscal years,
39shall not exceed the amount of three million dollars ($3,000,000).
40Expenditures of this budget shall be limited to the following items:

P25   1(1) Expenditures for employees occupying, and actually
2performing service in, railroad-safety personnel positions that are
3directly involved in inspecting railroads and enforcing rail safety
4regulations. The commission shall expend the funds budgeted
5pursuant to this subdivision for the salaries, per diem, and travel
6expenses of employees specified in this paragraph, unless, by
7statute, the commission is specifically prohibited from expending
8all or part of those funds.

9(2) Expenditures for employees occupying, and actually
10performing service in, clerical and support staff positions that are
11directly associated with railroad-safety inspections.

12(3) Expenditures for legal personnel who actually pursue
13violations of rail safety regulations beyond the informal complaint
14level.

15(4) Expenditures for an audit by the California State Auditor’s
16Office pursuant to subdivision (f), not to exceed seventy-five
17thousand dollars ($75,000).

18(5) Expenditures for the pro rata share of the commission’s
19overhead costs while state personnel are actually occupying the
20positions, and are performing the duties specified in paragraphs
21(1) to (4), inclusive.

22(e) The Department of Finance shall notify the Joint Legislative
23Budget Committee, pursuant to Section 28.00 of the annual Budget
24Act, prior to authorizing any change in the Budget Act
25appropriation for railroad corporation fees that is larger than one
26hundred thousand dollars ($100,000), or 10 percent of the amount
27budgeted, whichever is less.

28(f) Except as otherwise provided in this subdivision,
29commencing with the 1993-94 fiscal year, and in each subsequent
30fiscal year until the 1999-2000 fiscal year, the commission shall
31conduct an audit of the expenditure of the funds received pursuant
32to this section, except that for the 1996-97 fiscal year and fiscal
33years thereafter the audit shall be conducted by the California State
34Auditor’s Office. The results of this audit shall be reported, in
35writing, commencing on or before February 15, 1995, with respect
36to the audit for the 1993-94 fiscal year, and on or before January
3715 of each year thereafter, with respect to the audit for the fiscal
38year ending on the previous June 30, to the appropriate policy and
39budget committees of the respective houses of the Legislature. The
P26   1commission shall reimburse the California State Auditor’s Office
2for the costs of the audits beginning with the 1996-97 fiscal year.

3(g) On or before January 1, 1994, the commission shall hire a
4minimum of four additional operating practices inspectors,
5exclusive of supervisory personnel, who are, or shall become by
6July 1, 1994, federally certified, for the purpose of enforcing
7compliance by railroads operating in this state with state and federal
8safety regulations.

9(h) The commission, in performing its duties, shall limit the
10expenditure of funds for rail safety purposes to those railroad
11corporation fees collected pursuant to subdivision (d). In no event,
12shall the commission fund railroad safety activities utilizing funds
13from other commission accounts unrelated to railroad safety.

14begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 432.5 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
15and renumbered to read:end insert

16

begin delete432.5.end delete
17begin insert910.2.end insert  

(a) The commission shall report to the Legislature the
18collections from each class of utility and expenditures, both direct
19and indirect, for regulatory and other authorized commission
20activities affecting each class. Where expenditures are for overhead,
21allocations of services common to several classes, or for
22commission-wide activities, the methods used to calculate the
23expenditures attributed to the class shall be described in reasonable
24detail.

25(b) The report shall be furnished to the Legislature within 60
26days after the end of the fiscal year, and shall be subject to audit.
27The commission shall maintain information and reports necessary
28to perform an audit pursuant to this section.

29

begin deleteSEC. 14.end delete
30begin insertSEC. 15.end insert  

The heading of Article 5 (commencing with Section
31581) of Chapter 3 of Part 1 of Division 1 of the Public Utilities
32Code
is amended to read:

33 

34Article 5.  Reports to the Commission
35

 

begin delete
36

SEC. 15.  

Section 432.5 of the Public Utilities Code is amended
37and renumbered to read:

38

910.2.  

(a) The commission shall report to the Legislature the
39collections from each class of utility and expenditures, both direct
40and indirect, for regulatory and other authorized commission
P27   1activities affecting each class. Where expenditures are for overhead,
2allocations of services common to several classes, or for
3commission-wide activities, the methods used to calculate the
4expenditures attributed to the class shall be described in reasonable
5detail.

6(b) The report shall be furnished to the Legislature within 60
7days after the end of the fiscal year, and shall be subject to audit.
8The commission shall maintain information and reports necessary
9to perform an audit pursuant to this section.

end delete
10

SEC. 16.  

Section 590 is added to the Public Utilities Code, to
11read:

12

590.  

The commission shall require each electrical corporation
13to report annually on its compliance with the standards or rules
14adopted by the commission pursuant to Section 364. That report
15shall be made available to the public, except that the commission
16may, consistent with other provisions of law, withhold from the
17public information generated or obtained pursuant to this section
18that it deems would pose a security threat to the public if disclosed.

19

SEC. 17.  

Section 740.3 of the Public Utilities Code is amended
20to read:

21

740.3.  

(a) The commission, in cooperation with the State
22Energy Conservation and Development Commission, the State Air
23Resources Board, air quality management districts and air pollution
24control districts, regulated electrical and gas corporations, and the
25motor vehicle industry, shall evaluate and implement policies to
26promote the development of equipment and infrastructure needed
27to facilitate the use of electric power and natural gas to fuel
28low-emission vehicles. Policies to be considered shall include both
29of the following:

30(1) The sale-for-resale and the rate-basing of low-emission
31vehicles and supporting equipment such as batteries for electric
32vehicles and compressor stations for natural gas fueled vehicles.

33(2) The development of statewide standards for electric vehicle
34charger connections and compressed natural gas vehicle fueling
35connections, including installation procedures and technical
36assistance to installers.

37(b) The commission shall hold public hearings as part of its
38effort to evaluate and implement the new policies considered in
39subdivision (a).

P28   1(c) The commission’s policies authorizing utilities to develop
2equipment or infrastructure needed for electric-powered and natural
3gas-fueled low-emission vehicles shall ensure that the costs and
4expenses of those programs are not passed through to electric or
5gas ratepayers unless the commission finds and determines that
6those programs are in the ratepayers’ interest. The commission’s
7policies shall also ensure that utilities do not unfairly compete with
8nonutility enterprises.

9

SEC. 18.  

Section 747 of the Public Utilities Code is amended
10to read:

11

747.  

It is the intent of the Legislature that the commission
12reduce rates for electricity and natural gas to the lowest amount
13possible.

14

SEC. 19.  

Section 747.6 of the Public Utilities Code is amended
15and renumbered to read:

16

913.9.  

The commission shall report annually on its efforts to
17identify ratepayer-funded energy efficiency programs that are
18similar to programs administered by the Energy Commission, the
19State Air Resources Board, and the California Alternative Energy
20and Advanced Transportation Financing Authority in its annual
21report prepared pursuant to Section 913 and to require revisions
22to ratepayer-funded programs as necessary to ensure that the
23ratepayer-funded programs complement and do not duplicate
24programs of other state agencies.

25

SEC. 20.  

Section 748 of the Public Utilities Code is amended
26and renumbered to read:

27

913.1.  

(a) The commission, by May 1, 2010, and by each May
281 thereafter, shall prepare and submit a written report, separate
29from and in addition to the report required by Section 913, to the
30Governor and Legislature that contains the commission’s
31recommendations for actions that can be undertaken during the
32succeeding 12 months to limit utility cost and rate increases,
33consistent with the state’s energy and environmental goals,
34including goals for reducing emissions of greenhouse gases.

35(b) In preparing the report required by subdivision (a), the
36commission shall require electrical corporations with 1,000,000
37or more retail customers in California, and gas corporations with
38500,000 or more retail customers in California, to study and report
39on measures the corporation recommends be undertaken to limit
40costs and rate increases.

P29   1(c) The commission shall post the report required by subdivision
2(a) in a conspicuous area of its Internet Web site.

3

SEC. 21.  

Section 765 of the Public Utilities Code is amended
4to read:

5

765.  

(a) When the federal National Transportation Safety
6Board (NTSB) submits a safety recommendation letter concerning
7rail safety to the commission, the commission shall provide the
8NTSB with a formal written response to each recommendation no
9later than 90 days after receiving the letter. The response shall
10state one of the following:

11(1) The commission’s intent to implement the recommendations
12in full, with a proposed timetable for implementation of the
13recommendations.

14(2) The commission’s intent to implement part of the
15recommendations, with a proposed timetable for implementation
16of those recommendations, and detailed reasons for the
17commission’s refusal to implement those recommendations that
18the commission does not intend to implement.

19(3) The commission’s refusal to implement the
20recommendations, with detailed reasons for the commission’s
21refusal to implement the recommendations.

22(b) If the NTSB issues a safety recommendation letter
23concerning any commission-regulated rail facility to the United
24States Department of Transportation, the Federal Transit
25Administration, a commission-regulated rail operator, or the
26commission, or if the Federal Transit Administration issues a safety
27advisory concerning any commission-regulated rail facility, the
28commission shall determine if implementation of the
29recommendation or advisory is appropriate. The basis for the
30commission’s determination shall be detailed in writing and shall
31be approved by a majority vote of the commission.

32(c) If the commission determines that a safety recommendation
33made by the NTSB is appropriate, or that action concerning a
34safety advisory is necessary, the commission shall issue orders or
35adopt rules to implement the safety recommendation or advisory
36as soon as practicable. In implementing the safety recommendation
37or advisory, the commission shall consider whether a more
38effective, or equally effective and less costly, alternative exists to
39address the safety issue that the recommendation or advisory
40addresses.

P30   1

SEC. 22.  

Section 765.6 of the Public Utilities Code is amended
2and renumbered to read:

3

916.3.  

(a) The commission shall annually report to the
4Legislature on or before November 30 of each year on its
5compliance with the requirements of Section 765.5. The annual
6report shall include a determination by the commission of the
7impact on competition, if any, of the regulatory fees assessed
8railroad corporations and motor carriers for the support of the
9commission’s activities.

10(b) The commission may combine the information required by
11this section with the report prepared pursuant to Section 916.

12

SEC. 23.  

Section 785 of the Public Utilities Code is amended
13to read:

14

785.  

To the extent consistent with federal law and regulation
15and contractual obligations regarding other available gas, the
16commission shall, in consultation with the Division of Oil and Gas
17of the Department of Conservation and with the State Energy
18Resources Conservation and Development Commission, encourage,
19as a first priority, the increased production of gas in this state,
20including gas produced from that area of the Pacific Ocean along
21the coast of California commonly known as the outer continental
22shelf, and shall require, after a hearing, every gas corporation to
23purchase that gas which is compatible with the corporation’s gas
24plant and which is produced in this state having an actual delivered
25cost, measured in equivalent heat units, equal to or less than other
26available gas, unless this requirement will result in higher overall
27costs of gas or other consequences adverse to the interests of gas
28customers.

29

SEC. 24.  

Section 846 of the Public Utilities Code is amended
30to read:

31

846.  

The authority of the commission to issue financing orders
32pursuant to Section 841 shall expire on December 31, 2016. The
33expiration of the authority shall have no effect upon financing
34orders adopted by the commission pursuant to this article or any
35transition property arising therefrom, or upon the charges
36authorized to be levied thereunder, or the rights, interests, and
37obligations of the electrical corporation or a financing entity or
38holders of transition bonds pursuant to the financing order, or the
39authority of the commission to monitor, supervise, or take further
P31   1action with respect to the order in accordance with the terms of
2this article and of the order.

3

SEC. 25.  

Section 873 of the Public Utilities Code is amended
4to read:

5

873.  

(a) The commission shall annually do all of the following:

6(1) Designate a class of lifeline service necessary to meet
7minimum communications needs.

8(2) Set the rates and charges for that service.

9(3) Develop eligibility criteria for that service.

10(4) Assess the degree of achievement of universal service,
11including telephone penetration rates by income, ethnicity, and
12geography.

13(b) Minimum communications needs includes, but is not limited
14to, the ability to originate and receive calls and the ability to access
15 electronic information services.

16

SEC. 26.  

The heading of Article 11 (commencing with Section
17910) of Chapter 4 of Part 1 of Division 1 of the Public Utilities
18Code
is amended to read:

19 

20Article 11.  Reports to the Legislature
21

 

22

SEC. 27.  

Section 910 of the Public Utilities Code is amended
23and renumbered to read:

24

913.3.  

(a) By May 1 of each year, the commission shall prepare
25and submit to the policy and fiscal committees of the Legislature
26a written report summarizing the following information:

27(1) All electrical corporation revenue requirement increases
28associated with meeting the renewables portfolio standard, as
29defined in Section 399.12, including direct procurement costs for
30eligible renewable energy resources and renewable energy credits,
31administrative expenses for procurement, expenses incurred to
32ensure a reliable supply of electricity, and expenses for upgrades
33to the electrical transmission and distribution grid necessary to the
34delivery of electricity from eligible renewable energy resources
35to load.

36(2) All cost savings experienced, or costs avoided, by electrical
37corporations as a result of meeting the renewables portfolio
38standard.

39(3) All costs incurred by electrical corporations for incentives
40for distributed and renewable generation, including the
P32   1self-generation incentive program, the California Solar Initiative,
2and net energy metering.

3(4) All cost savings experienced, or costs avoided, by electrical
4corporations as a result of incentives for distributed and renewable
5generation.

6(5) All pending requests by an electrical corporation seeking
7recovery in rates for renewable, fossil fuel, and nuclear
8procurement costs, research, study, or pilot program costs.

9(6) The decision number for each decision of the commission
10authorizing recovery in rates of costs incurred by an electrical
11corporation since the preceding report.

12(7) Any change in the electrical load serviced by an electrical
13corporation since the preceding report.

14(8) The efforts each electrical corporation is taking to recruit
15and train employees to ensure an adequately trained and available
16workforce, including the number of new employees hired by the
17electrical corporation for purposes of implementing the
18requirements of Article 16 (commencing with Section 399.11) of
19Chapter 2.3, the goals adopted by the electrical corporation for
20increasing women, minority, and disabled veterans trained or hired
21for purposes of implementing the requirements of Article 16
22(commencing with Section 399.11) of Chapter 2.3, and, to the
23extent information is available, the number of new employees
24hired and the number of women, minority, and disabled veterans
25trained or hired by persons or corporations owning or operating
26eligible renewable energy resources under contract with an
27electrical corporation. This paragraph does not provide the
28commission with authority to engage in, regulate, or expand its
29authority to include, workforce recruitment or training.

30(b) The commission may combine the information required by
31this section with the reports prepared pursuant to Article 16
32(commencing with Section 399.11) of Chapter 2.3.

33

SEC. 28.  

Section 910 is added to the Public Utilities Code, to
34read:

35

910.  

The commission shall do all of the following:

36(a) Develop, publish, and annually update an annual workplan
37begin insert reportend insert that describes in clear detail the scheduled ratemaking
38proceedings and other decisions that may be considered by the
39commission during the calendar year. Thebegin delete planend deletebegin insert workplan reportend insert
40 shall include, but is not limited to, information on how members
P33   1of the public and ratepayers can gain access to the commission’s
2ratemaking process and information regarding the specific matters
3to be decided. Thebegin delete planend deletebegin insert workplan reportend insert shall also include
4information on the operation of the office of the public advisor
5and identify the names and telephone numbers of those contact
6persons responsible for specific cases and matters to be decided.
7Thebegin delete planend deletebegin insert workplan reportend insert shall also include a statement that
8specifies activities that the commission proposes to reduce the
9costs of, and rates for, energy, including electricity, and for
10improving the competitive opportunities for state agriculture and
11other rural energy consumers. The commission shall post thebegin delete planend delete
12begin insert workplan reportend insert under the Official Documents area of its Internet
13Web site and shall develop a program to disseminate the
14information in thebegin delete planend deletebegin insert workplan reportend insert utilizing computer mailing
15lists to provide regular updates on the information to those
16members of the public and organizations that request the
17information.

18(b) Producebegin insert with the annual workplan report,end insert a complete
19accounting of its transactions and proceedings for the preceding
20year, together with other facts, suggestions, and recommendations
21that it deems of value to the people of the state, and a statement
22that specifies the activities and achievements of the commission
23in reducing the costs of, and rates for, energy, including electricity,
24for state agriculture and other rural energy consumers.

25(c) Submit annually thebegin delete plan, accounting, and report required
26by subdivisions (a) and (c)end delete
begin insert workplan reportend insert to the Governor and
27Legislature no later than February 1 of each year.begin delete A report to be
28submitted pursuant to this subdivision shall be submitted in
29compliance with Section 9795 of the Government Code.end delete

30

SEC. 29.  

Section 910.1 is added to the Public Utilities Code,
31to read:

32

910.1.  

The commission shall annually submit a report to the
33Legislature on the number of cases where resolution exceeded the
34time periods prescribed in scoping memos and the days that
35commissioners presided in hearings.

36

SEC. 30.  

Section 910.3 is added to the Public Utilities Code,
37to read:

38

910.3.  

(a) The commission shall provide a report to the
39Legislature on September 1 of each year, on the progress of
40activities undertaken by each electrical, gas, water, wireless
P34   1telecommunications service provider, and telephone corporation
2with gross annual revenues exceeding twenty-five million dollars
3($25,000,000), in the implementation of women, minority, disabled
4veteran, and LGBT business enterprise development programs
5pursuant to Article 5 (commencing with Section 8281) of Chapter
67 of Division 4. The report shall include information about which
7procurements are made with women, minority, disabled veteran,
8and LGBT business enterprises with at least a majority of the
9enterprise’s workforce in California, to the extent that information
10is readily accessible. The commission shall recommend a program
11for carrying out the policy declared in Article 5 (commencing with
12Section 8281) of Chapter 7 of Division 4, together with
13recommendations for legislation that it deems necessary or
14desirable to further that policy. The commission shall make the
15report available on its Internet Web site.

16(b) In regard to disabled veteran business enterprises, the
17commission shall ensure that the programs and legislation
18recommended pursuant to subdivision (a) are consistent with the
19disabled veteran business enterprise certification eligibility
20requirements imposed by the Department of General Services and
21that the recommendations include only those disabled veteran
22business enterprises certified by the Department of General
23Services.

24(c) The commission shall include the information about LGBT
25business enterprises required by subdivision (a) beginning with
26the report due on September 1, 2016.

27

SEC. 31.  

Section 910.6 is added to the Public Utilities Code,
28to read:

29

910.6.  

It is the intent of the Legislature that, commencing one
30year from the date that the procedures described in subdivision (a)
31of Section 311.4 are implemented, the commission annually review
32the procedures and the technology involved to ensure the continued
33effectiveness of the program, and report any findings to the
34Legislature.

35

SEC. 32.  

Section 911 of the Public Utilities Code is amended
36and renumbered to read:

37

913.4.  

(a) Notwithstanding subdivision (g) of Section 454.5
38and Section 583, no later than May 1 of each year, the commission
39shall release to the Legislature the costs of all electricity
40procurement contracts for eligible renewable energy resources,
P35   1including unbundled renewable energy credits, and all costs for
2utility-owned generation approved by the commission. The first
3report shall include all costs commencing January 1, 2003.
4Subsequent reports shall include only costs for the preceding
5calendar year.

6(1) For power purchase contracts, the commission shall release
7costs in an aggregated form categorized according to the year the
8procurement transaction was approved by the commission, the
9eligible renewable energy resource type, including bundled
10renewable energy credits, the average executed contract price, and
11average actual recorded costs for each kilowatthour of production.
12Within each renewable energy resource type, the commission shall
13provide aggregated costs for different project size thresholds.

14(2) For each utility-owned renewable generation project, the
15commission shall release the costs forecast by the electrical
16corporation at the time of initial approval and the actual recorded
17costs for each kilowatthour of production during the preceding
18calendar year.

19(b) This section does not require the release of the terms of any
20individual electricity procurement contracts for eligible renewable
21energy resources, including unbundled renewable energy credits,
22approved by the commission. The commission shall aggregate
23data to the extent required to ensure protection of the confidentiality
24of individual contract costs even if this aggregation requires
25grouping contracts of different energy resource type. The
26commission shall not be required to release the data in any year
27when there are fewer than three contracts approved.

28(c) The commission may combine the information required by
29this section with the report prepared pursuant to Section 913.3.

30

SEC. 33.  

Section 911.1 is added to the Public Utilities Code,
31to read:

32

911.1.  

An action taken by the commission on a safety
33recommendation letter or advisory bulletin concerning gas pipeline
34safety issued by the federal National Transportation Safety Board
35(NTSB) shall be reported annually, in detail, to the Legislature
36with the report required by Section 910. Correspondence from the
37NTSB that indicates that a recommendation of the NTSB has been
38closed following an action that the NTSB finds unacceptable shall
39be noted in the report required by Section 910.

P36   1

SEC. 34.  

Section 912 is added to the Public Utilities Code, to
2read:

3

912.  

A summary of the audits conducted by the commission
4pursuant to Section 314.5 shall be provided annually to the
5Legislature. The commission may provide this information as part
6of its annual report delivered pursuant to Section 910.

7

SEC. 35.  

Section 912.2 is added to the Public Utilities Code,
8to read:

9

912.2.  

(a) The commission shall conduct two interim financial
10audits and a final financial audit and two interim performance
11audits and a final performance audit of the implementation and
12effectiveness of the California Advanced Services Fund to ensure
13that funds have been expended in accordance with the approved
14terms of the grant awards and loan agreements pursuant to Section
15281. The commission shall report its interim findings to the
16Legislature by April 1, 2011, and April 1, 2017. The commission
17shall report its final findings to the Legislature by April 1, 2021.
18The reports shall also include an update to the maps in the final
19report of the California Broadband Task Force and data on the
20types and numbers of jobs created as a result of the program
21administered by the commission pursuant to Section 281.

22(b) Pursuant to Section 10231.5 of the Government Code, this
23section is repealed on January 1, 2022.

24

SEC. 36.  

Section 913 is added to the Public Utilities Code, to
25read:

26

913.  

(a) The reporting requirements of this section apply to
27electrical corporations with at least 1,000,000 retail customers in
28California and gas corporations with at least 500,000 retail
29customers in California.

30(b) The commission shall prepare a written report on the costs
31of programs and activities conducted by each electrical corporation
32and gas corporation that is subject to this section, including
33activities conducted to comply with their duty to serve. The report
34shall be completed on an annual basis before April 1 of each year,
35and shall identify, clearly and concisely, all of the following:

36(1) Each program mandated by statute and its annual cost to
37ratepayers.

38(2) Each program mandated by the commission and its annual
39cost to ratepayers.

P37   1(3) Energy purchase contract costs and bond-related costs
2incurred pursuant to Division 27 (commencing with Section 80000)
3of the Water Code.

4(4) All other aggregated categories of costs currently recovered
5in retail rates as determined by the commission.

6(c) The report required by subdivision (b) shall be submitted to
7the Governor and the Legislature no later than April 1 of each year.

8(d) The commission shall post the report required by subdivision
9(b) in a conspicuous area of its Internet Web site.

begin delete
10

SEC. 37.  

Section 913.2 is added to the Public Utilities Code,
11to read:

12

913.2.  

The commission shall, on or before the end of the first
13month of each quarter, submit to the relevant fiscal and policy
14committees of each house of the Legislature, a report on its
15activities related to community choice aggregation. The report
16shall include detailed information on the formal procedures
17established by the commission in order to monitor and ensure
18compliance by electrical corporations with Section 366.2 and any
19code of conduct or associated rules adopted by the commission
20pursuant to Section 707. The report shall include, but not be limited
21to, all of the following information:

22(a) (1) A detailed description of the commission’s process for
23enabling communities interested in becoming community choice
24aggregators, communities currently in the process of becoming
25community choice aggregators, and existing community choice
26aggregators to obtain timely utility compliance with paragraph (9)
27of subdivision (c) of Section 366.2.

28(2) The description shall include the process provided by the
29commission to allow prospective or existing community choice
30aggregators to identify specific matters on which the electrical
31corporation is not considered to be cooperating fully. For each
32identified matter, the prospective or existing community choice
33aggregator shall detail in writing the issue, the lack of full
34cooperation, and the personnel at the electrical corporation with
35whom the community choice aggregator is working. The electrical
36corporation shall be required to respond in writing by providing a
37 specific solution to the matter raised by the prospective or existing
38community choice aggregator, including a date-specific timeline
39for accomplishing the solution, and the names of personnel
40responsible for providing the solution.

P38   1(3) The commission’s report to the Legislature shall provide a
2detailed summary of each matter identified and initiated by the
3community choice aggregator, and a detailed verification of the
4electrical corporation’s actions taken to address and resolve these
5issues, including verification of the satisfaction of the community
6choice aggregator. The report shall also itemize any matters that
7have been improperly raised by the community choice aggregator
8using this process.

9(b) A detailed description of information obtained by the
10commission from the electrical corporations in order to monitor
11the electrical corporations’ activities and expenditures made to
12facilitate, or oppose, community choice aggregation. The
13information shall include an itemization of all activities undertaken
14by an electrical corporation, as identified by the commission or
15by a community pursuing community choice aggregation, the costs
16of those activities, and whether the costs were paid by ratepayers
17or shareholders of the electrical corporation. For each activity, the
18commission shall provide a detailed explanation as to whether the
19activity or expenditure is legally permissible, and, if not, of the
20actions taken by the commission in response.

21(c) A detailed description of the actions taken by the commission
22to ensure customer requirements relative to customers exercising
23their option not to participate in community choice aggregation
24pursuant to Section 366.2 are properly implemented and to ensure
25full compliance by an electrical corporation. The description shall
26include an itemization of all actions taken by the commission to
27ensure compliance with these requirements and a detailed
28description of the commission’s formal process for monitoring
29and ensuring timely compliance with the requirements.

end delete
30

begin deleteSEC. 38.end delete
31begin insertSEC. 37.end insert  

Section 913.5 is added to the Public Utilities Code,
32to read:

33

913.5.  

In order to evaluate the progress of the state’s electrical
34corporations in complying with the California Renewables Portfolio
35Standard Program (Article 16 (commencing with Section 399.11)
36of Chapter 2.3), the commission shall report to the Legislature on
37or before the first day of each quarter on all of the following:

38(a) The progress of each electrical corporation in meeting the
39renewables portfolio standard, as defined in Section 399.12.

P39   1(b) For each electrical corporation, an implementation schedule
2to achieve the renewables portfolio standard procurement
3requirements, including all substantive actions that have been taken
4or will be taken to achieve the program procurement requirements.

5(c) Any renewable energy procurement plan approved by the
6commission pursuant to Section 399.13, schedule, and status report
7for all substantive procurement, transmission development, and
8other activities that the commission has approved to be undertaken
9by an electrical corporation to achieve the procurement
10requirements of the renewables portfolio standard.

11

begin deleteSEC. 39.end delete
12begin insertSEC. 38.end insert  

Sectionbegin delete 913.12end deletebegin insert 913.11end insert is added to the Public Utilities
13Code
, to read:

14

begin delete913.12.end delete
15begin insert913.11.end insert  

The commission shall provide a progress report to the
16Legislature by January 30 of each odd-numbered year concerning
17policies on rates, equipment, and infrastructure implemented by
18the commission and other state agencies, federal and local
19governmental agencies, and private industry to facilitate the use
20of electricity to power, and natural gas to fuel, low-emission
21vehicles.

22

begin deleteSEC. 40.end delete
23begin insertSEC. 39.end insert  

Sectionbegin delete 913.13end deletebegin insert 913.12end insert is added to the Public Utilities
24Code
, to read:

25

begin delete913.13.end delete
26begin insert913.12.end insert  

On or before June 30 of each year, the commission
27shall submit to the Legislature an assessment of the success of the
28California Solar Initiative program. That assessment shall include
29the number of residential and commercial sites that have installed
30solar thermal devices for which an award was made pursuant to
31subdivision (b) of Section 2851 and the dollar value of the award,
32the number of residential and commercial sites that have installed
33solar energy systems, the electrical generating capacity of the
34installed solar energy systems, the cost of the program, total
35electrical system benefits, including the effect on electrical service
36rates, environmental benefits, how the program affects the
37operation and reliability of the electrical grid, how the program
38has affected peak demand for electricity, the progress made toward
39reaching the goals of the program, whether the program is on
40schedule to meet the program goals, and recommendations for
P40   1improving the program to meet its goals. If the commission
2allocates additional moneys to research, development, and
3demonstration that explores solar technologies and other distributed
4generation technologies pursuant to paragraph (1) of subdivision
5(c) of Section 2851, the commission shall include in the assessment
6submitted to the Legislature, a description of the program, a
7summary of each award made or project funded pursuant to the
8program, including the intended purposes to be achieved by the
9particular award or project, and the results of each award or project.

10

begin deleteSEC. 41.end delete
11begin insertSEC. 40.end insert  

Sectionbegin delete 913.14end deletebegin insert 913.13end insert is added to the Public Utilities
12Code
, to read:

13

begin delete913.14.end delete
14begin insert913.13.end insert  

The commission shall annually report to the Legislature
15on its implementation of Section 785.

16

begin deleteSEC. 42.end delete
17begin insertSEC. 41.end insert  

Section 914 is added to the Public Utilities Code, to
18read:

19

914.  

The commission shall annually report the information
20required to be reported by public utilities pursuant to Section 7912,
21to the Assembly Committee on Utilities and Commerce and the
22Senate Committee on Energy, Utilities and Communications, or
23their successor committees, and within a reasonable time thereafter,
24shall make the information available to the public on its Internet
25Web site.

26

begin deleteSEC. 43.end delete
27begin insertSEC. 42.end insert  

Section 914.1 is added to the Public Utilities Code,
28to read:

29

914.1.  

The commission shall annually report to the Legislature,
30in a document that can be made public, information relative to the
31actions undertaken by the commission implementing the lifeline
32telecommunications universal service program pursuant to
33subdivision (a) of Section 873.

34

begin deleteSEC. 44.end delete
35begin insertSEC. 43.end insert  

Section 914.2 is added to the Public Utilities Code,
36to read:

37

914.2.  

The commission, in its annual report prepared pursuant
38to Section 914.1, shall assess whether having telephone
39corporations provide the name and address of its lifeline customers
40to other public utilities for the purpose of low-income ratepayer
P41   1assistance outreach efforts has been helpful in the low-income
2ratepayer assistance outreach efforts.

3

begin deleteSEC. 45.end delete
4begin insertSEC. 44.end insert  

Section 914.3 is added to the Public Utilities Code,
5to read:

6

914.3.  

By July 1 of each year, the commission shall submit to
7the Governor and the Legislature a report that includes, based on
8yearend data, on an aggregated basis, the information submitted
9by holders pursuant to subdivision (b) of Section 5960. All
10information reported by the commission pursuant to this section
11shall be disclosed to the public only as provided for pursuant to
12Section 583. No individually identifiable customer or subscriber
13information shall be subject to public disclosure.

14

begin deleteSEC. 46.end delete
15begin insertSEC. 45.end insert  

Section 914.4 is added to the Public Utilities Code,
16to read:

17

914.4.  

The commission shall annually report the information
18required to be reported by holders of state franchises pursuant to
19Section 5920, to the Assembly Committee on Utilities and
20Commerce and the Senate Committee on Energy, Utilities and
21Communications, or their successor committees, and within a
22reasonable time thereafter, shall make the information available
23to the public on its Internet Web site.

24

begin deleteSEC. 47.end delete
25begin insertSEC. 46.end insert  

Section 914.5 is added to the Public Utilities Code,
26to read:

27

914.5.  

(a) The commission shall prepare and submit to the
28Legislature, on or before March 1 of each year, a report on the
29fiscal status of the programs established and funded pursuant to
30Sections 2881, 2881.1, and 2881.2. The report shall include a
31statement of the surcharge level established pursuant to subdivision
32(g) of Section 2881 and revenues produced by the surcharge, an
33accounting of program expenses, and an evaluation of options for
34controlling those expenses and increasing program efficiency,
35including, but not limited to, all of the following proposals:

36(1) The establishment of a means test for persons to qualify for
37program equipment or free or reduced charges for the use of
38telecommunication services.

39(2) If and to the extent not prohibited under Section 401 of the
40federal Americans with Disabilities Act of 1990 (Public Law
P42   1101-336), as amended (47 U.S.C. Sec. 225), the imposition of
2limits or other restrictions on maximum usage levels for the relay
3service, which shall include the development of a program to
4provide basic communications requirements to all relay users at
5discounted rates, including discounted toll-call rates, and, for usage
6in excess of those basic requirements, at rates that recover the full
7costs of service.

8(3) More efficient means for obtaining and distributing
9equipment to qualified subscribers.

10(4) The establishment of quality standards for increasing the
11efficiency of the relay system.

12(5) Any modification to the program in order to maximize
13participation and funding opportunity under similar federal
14programs.

15(b) Pursuant to Section 10231.5 of the Government Code, this
16section is repealed on January 1, 2021.

17

begin deleteSEC. 48.end delete
18begin insertSEC. 47.end insert  

Section 914.6 is added to the Public Utilities Code,
19to read:

20

914.6.  

The commission shall report to the Legislature and the
21Governor annually on the effectiveness of the program
22administered pursuant to subdivision (c) of Section 280.5.

23

begin deleteSEC. 49.end delete
24begin insertSEC. 48.end insert  

Section 914.7 is added to the Public Utilities Code,
25to read:

26

914.7.  

(a) By January 1 of each year, the commission shall
27provide a report to the Legislature that includes all of the following
28information:

29(1) The amount of funds expended from the California Advanced
30Services Fund in the prior year.

31(2) The recipients of funds expended from the California
32Advanced Services Fund in the prior year.

33(3) The geographic regions of the state affected by funds
34expended from the California Advanced Services Fund in the prior
35year.

36(4) The expected benefits to be derived from the funds expended
37from the California Advanced Services Fund in the prior year.

38(5) Actual broadband adoption levels from the funds expended
39from the California Advanced Services Fund in the prior year.

P43   1(6) The amount of funds expended from the California Advanced
2Services Fund used to match federal funds.

3(7) An update on the expenditures from California Advanced
4Services Fund and broadband adoption levels, and an accounting
5of remaining unserved and underserved households and areas of
6the state.

7(8) The status of the California Advanced Services Fund balance
8and the projected amount to be collected in each year through 2020
9to fund approved projects.

10(b) Pursuant to Section 10231.5 of the Government Code, this
11section is repealed on January 1, 2021.

12

begin deleteSEC. 50.end delete
13begin insertSEC. 49.end insert  

Section 915 of the Public Utilities Code is amended
14and renumbered to read:

15

911.  

(a) Beginning February 1, 2016, the commission shall
16annually publish a report that includes all investigations into gas
17or electric service safety incidents reported, pursuant to commission
18requirements, by any gas corporation or electrical corporation. The
19report shall succinctly describe each safety investigation concluded
20during the prior calendar year and each investigation that remains
21open. The categories within the description shall include the month
22of the safety incident, the reason for the investigation, the facility
23type involved, and the owner of the facility.

24(b) The commission shall include in itsbegin delete workplan,end deletebegin insert reportend insert
25 required pursuant to Section 910, a summary of the staff safety
26investigations concluded during the prior calendar year and the
27staff safety investigations that remain open for any gas corporation
28or electrical corporation, with a link to the Internet Web site with
29the report that contains the information required pursuant to
30subdivision (a).

31

begin deleteSEC. 51.end delete
32begin insertSEC. 50end insert  

Section 916 is added to the Public Utilities Code, to
33read:

34

916.  

On or before November 30 of each year, the commission
35shall report to the Legislature on its rail safety activities.

36

begin deleteSEC. 52.end delete
37begin insertSEC. 51.end insert  

Section 916.1 is added to the Public Utilities Code,
38to read:

39

916.1.  

The commission shall annually report the results of its
40investigation pursuant to subdivision (d) of Section 7661 relative
P44   1to any incident that results in a notification required pursuant to
2subdivision (b) of Section 7661, including its findings concerning
3the cause or causes of the incident and any action undertaken by
4the commission in response to those findings. The commission
5may include the information required to be reported pursuant to
6this section in its report to the Legislature pursuant to Section 916.

7

begin deleteSEC. 53.end delete
8begin insertSEC. 52.end insert  

Section 916.4 is added to the Public Utilities Code,
9to read:

10

916.4.  

An action taken by the commission on a safety
11recommendation letter or safety advisory pursuant to Section 765
12shall be reported annually, in detail, to the Legislature with the
13report required by Section 910. Correspondence from the federal
14National Transportation Safety Board indicating that a
15recommendation has been closed following an action that the
16federal National Transportation Safety Board finds unacceptable
17shall be noted in the report required by Section 910.

18

begin deleteSEC. 54.end delete
19begin insertSEC. 53.end insert  

Section 919 is added to the Public Utilities Code, to
20read:

21

919.  

(a) The Antelope Valley Fairgrounds shall submit biennial
22reports to the commission and to the Legislature relative to the
23Antelope Valley Fairgrounds EE and PV Synergy Demonstration
24Project. The reports shall include actual recorded electricity usage
25by the fairgrounds and electricity produced by the photovoltaic
26solar energy system at the fairgrounds, on a time-of-use basis. A
27final report shall be submitted to the commission and to the
28Legislature within six months of the conclusion of the
29demonstration project. The final report shall include an analysis
30of the energy and cost savings achieved at the fairgrounds, the
31effectiveness of combining investment in energy efficiency and a
32photovoltaic solar energy system on the same site, the performance
33and durability of the photovoltaic solar energy system over the life
34of the demonstration project, and recommendations for optimizing
35ratepayer investment in energy efficiency and photovoltaic solar
36energy systems.

37(b) This section shall remain in effect only until January 1, 2017,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2017, deletes or extends that date.

P45   1

begin deleteSEC. 55.end delete
2begin insertSEC. 54.end insert  

Section 920 is added to the Public Utilities Code, to
3read:

4

920.  

(a) (1) Unless expressly directed otherwise, a report to
5be submitted to the Legislature pursuant to this article is to be
6submitted in compliance with Section 9795 of the Government
7Code, except that an electronic copy may be submitted to the
8Secretary of the Senate, unless specifically requested to submit a
9printed copy of the report, with an electronic copy submitted to
10Legislative Counsel in compliance with subdivision (c) of Section
1110242.5 of the Government Code.

12(2) Any report that is expressly directed to be submitted to a
13committee of the Legislature shall be submitted as an electronic
14copy, unless specifically requested to submit a printed copy by
15chair of that committee, with an electronic copy submitted to
16 Legislative Counsel in compliance with subdivision (c) of Section
1710242.5 of the Government Code.

18(b) Any report required to be submitted to the Governor pursuant
19to this article shall be submitted as an electronic copy unless
20specifically requested to submit a printed copy of the report by the
21Governor.

22

begin deleteSEC. 56.end delete
23begin insertSEC. 55.end insert  

Section 958.5 of the Public Utilities Code is amended
24to read:

25

958.5.  

(a) Twice a year, or as determined by the commission,
26each gas corporation shall file with the division of the commission
27responsible for consumer protection and safety a gas transmission
28and storage safety report. The division of the commission
29responsible for consumer protection and safety shall review the
30reports to monitor each gas corporation’s storage and
31pipeline-related activities to assess whether the projects that have
32been identified as high risk are being carried out, and to track
33whether the gas corporation is spending its allocated funds on these
34storage and pipeline-related safety, reliability, and integrity
35activities for which they have received approval from the
36commission.

37(b) The gas transmission and storage safety report shall include
38a thorough description and explanation of the strategic planning
39and decisionmaking approach used to determine and rank the gas
40storage projects, intrastate transmission line safety, integrity, and
P46   1reliability, operation and maintenance activities, and inspections
2of its intrastate transmission lines. If there has been no change in
3the gas corporation’s approach for determining and ranking which
4projects and activities are prioritized since the previous gas
5transmission and storage safety report, the subsequent report may
6reference the immediately preceding report.

7(c) If the division of the commission responsible for consumer
8protection and safety determines that there is a deficiency in a gas
9corporation’s prioritization or administration of the storage or
10pipeline capital projects or operation and maintenance activities,
11the division shall bring the problems to the commission’s
12immediate attention.

13

begin deleteSEC. 57.end delete
14begin insertSEC. 56.end insert  

Section 960 of the Public Utilities Code is amended
15to read:

16

960.  

(a) When the federal National Transportation Safety
17Board (NTSB) submits a safety recommendation letter concerning
18gas pipeline safety to the commission, the commission shall provide
19the NTSB with a formal written response to each recommendation
20not later than 90 days after receiving the letter. The response shall
21state one of the following:

22(1) The commission’s intent to implement the recommendations
23in full, with a proposed timetable for implementation of the
24recommendations.

25(2) The commission’s intent to implement part of the
26recommendations, with a proposed timetable for implementation
27of those recommendations, and detailed reasons for the
28commission’s refusal to implement those recommendations that
29 the commission does not intend to implement.

30(3) The commission’s refusal to implement the
31recommendations, with detailed reasons for the commission’s
32refusal to implement the recommendations.

33(b) If the NTSB issues a safety recommendation letter
34concerning any commission-regulated gas pipeline facility to the
35United States Department of Transportation, the federal Pipeline
36and Hazardous Materials Safety Administration (PHMSA), a gas
37corporation, or the commission, or the PHMSA issues an advisory
38bulletin concerning any commission-regulated gas pipeline facility,
39the commission shall determine if implementation of the
40recommendation or advisory is appropriate. The basis for the
P47   1commission’s determination shall be detailed in writing and shall
2be approved by a majority vote of the commission.

3(c) If the commission determines that a safety recommendation
4made by the NTSB is appropriate or that action concerning an
5advisory bulletin is necessary, the commission shall issue orders
6or adopt rules to implement the safety recommendation or advisory
7as soon as practicable. In implementing the safety recommendation
8or advisory, the commission shall consider whether a more
9effective, or equally effective and less costly, alternative exists to
10address the safety issue that the recommendation or advisory
11addresses.

12

begin deleteSEC. 58.end delete
13begin insertSEC. 57.end insert  

Section 2851 of the Public Utilities Code, as amended
14by Section 41 of Chapter 24 of the Statutes of 2015, is amended
15to read:

16

2851.  

(a) In implementing the California Solar Initiative, the
17commission shall do all of the following:

18(1) (A) The commission shall authorize the award of monetary
19incentives for up to the first megawatt of alternating current
20generated by solar energy systems that meet the eligibility criteria
21established by the Energy Commission pursuant to Chapter 8.8
22(commencing with Section 25780) of Division 15 of the Public
23Resources Code. The commission shall determine the eligibility
24of a solar energy system, as defined in Section 25781 of the Public
25Resources Code, to receive monetary incentives until the time the
26Energy Commission establishes eligibility criteria pursuant to
27Section 25782. Monetary incentives shall not be awarded for solar
28energy systems that do not meet the eligibility criteria. The
29incentive level authorized by the commission shall decline each
30year following implementation of the California Solar Initiative,
31at a rate of no less than an average of 7 percent per year, and,
32except as provided in subparagraph (B), shall be zero as of
33December 31, 2016. The commission shall adopt and publish a
34schedule of declining incentive levels no less than 30 days in
35advance of the first decline in incentive levels. The commission
36may develop incentives based upon the output of electricity from
37the system, provided those incentives are consistent with the
38declining incentive levels of this paragraph and the incentives
39apply to only the first megawatt of electricity generated by the
40system.

P48   1(B) The incentive level for the installation of a solar energy
2system pursuant to Section 2852 shall be zero as of December 31,
32021.

4(2) The commission shall adopt a performance-based incentive
5program so that by January 1, 2008, 100 percent of incentives for
6solar energy systems of 100 kilowatts or greater and at least 50
7percent of incentives for solar energy systems of 30 kilowatts or
8greater are earned based on the actual electrical output of the solar
9energy systems. The commission shall encourage, and may require,
10performance-based incentives for solar energy systems of less than
1130 kilowatts. Performance-based incentives shall decline at a rate
12of no less than an average of 7 percent per year. In developing the
13performance-based incentives, the commission may:

14(A) Apply performance-based incentives only to customer
15classes designated by the commission.

16(B) Design the performance-based incentives so that customers
17may receive a higher level of incentives than under incentives
18based on installed electrical capacity.

19(C) Develop financing options that help offset the installation
20costs of the solar energy system, provided that this financing is
21ultimately repaid in full by the consumer or through the application
22of the performance-based rebates.

23(3) By January 1, 2008, the commission, in consultation with
24the Energy Commission, shall require reasonable and cost-effective
25energy efficiency improvements in existing buildings as a condition
26of providing incentives for eligible solar energy systems, with
27appropriate exemptions or limitations to accommodate the limited
28financial resources of low-income residential housing.

29(4) Notwithstanding subdivision (g) of Section 2827, the
30commission may develop a time-variant tariff that creates the
31maximum incentive for ratepayers to install solar energy systems
32 so that the system’s peak electricity production coincides with
33California’s peak electricity demands and that ensures that
34ratepayers receive due value for their contribution to the purchase
35of solar energy systems and customers with solar energy systems
36continue to have an incentive to use electricity efficiently. In
37developing the time-variant tariff, the commission may exclude
38customers participating in the tariff from the rate cap for residential
39customers for existing baseline quantities or usage by those
40customers of up to 130 percent of existing baseline quantities, as
P49   1required by Section 739.9. Nothing in this paragraph authorizes
2the commission to require time-variant pricing for ratepayers
3without a solar energy system.

4(b) Notwithstanding subdivision (a), in implementing the
5California Solar Initiative, the commission may authorize the award
6of monetary incentives for solar thermal and solar water heating
7devices, in a total amount up to one hundred million eight hundred
8thousand dollars ($100,800,000).

9(c) (1) In implementing the California Solar Initiative, the
10commission shall not allocate more than fifty million dollars
11($50,000,000) to research, development, and demonstration that
12explores solar technologies and other distributed generation
13technologies that employ or could employ solar energy for
14generation or storage of electricity or to offset natural gas usage.
15Any program that allocates additional moneys to research,
16development, and demonstration shall be developed in
17collaboration with the Energy Commission to ensure there is no
18duplication of efforts, and adopted by the commission through a
19rulemaking or other appropriate public proceeding. Any grant
20awarded by the commission for research, development, and
21demonstration shall be approved by the full commission at a public
22meeting. This subdivision does not prohibit the commission from
23 continuing to allocate moneys to research, development, and
24demonstration pursuant to the self-generation incentive program
25for distributed generation resources originally established pursuant
26to Chapter 329 of the Statutes of 2000, as modified pursuant to
27Section 379.6.

28(2) The Legislature finds and declares that a program that
29provides a stable source of monetary incentives for eligible solar
30energy systems will encourage private investment sufficient to
31make solar technologies cost effective.

32(d) (1) The commission shall not impose any charge upon the
33consumption of natural gas, or upon natural gas ratepayers, to fund
34the California Solar Initiative.

35(2) Notwithstanding any other provision of law, any charge
36imposed to fund the program adopted and implemented pursuant
37to this section shall be imposed upon all customers not participating
38in the California Alternate Rates for Energy (CARE) or family
39electric rate assistance (FERA) programs, including those
40residential customers subject to the rate limitation specified in
P50   1Section 739.9 for existing baseline quantities or usage up to 130
2percent of existing baseline quantities of electricity.

3(3) The costs of the program adopted and implemented pursuant
4to this section shall not be recovered from customers participating
5in the California Alternate Rates for Energy or CARE program
6established pursuant to Section 739.1, except to the extent that
7program costs are recovered out of the nonbypassable system
8benefits charge authorized pursuant to Section 399.8.

9(e) Except as provided in subdivision (f), in implementing the
10California Solar Initiative, the commission shall ensure that the
11total cost over the duration of the program does not exceed three
12billion five hundred fifty million eight hundred thousand dollars
13($3,550,800,000). Except as provided in subdivision (f), financial
14components of the California Solar Initiative shall consist of the
15following:

16(1) Programs under the supervision of the commission funded
17by charges collected from customers of San Diego Gas and Electric
18Company, Southern California Edison Company, and Pacific Gas
19and Electric Company. Except as provided in subdivision (f), the
20total cost over the duration of these programs shall not exceed two
21billion three hundred sixty-six million eight hundred thousand
22dollars ($2,366,800,000) and includes moneys collected directly
23into a tracking account for support of the California Solar Initiative.

24(2) Programs adopted, implemented, and financed in the amount
25of seven hundred eighty-four million dollars ($784,000,000), by
26charges collected by local publicly owned electric utilities pursuant
27to Section 2854. Nothing in this subdivision shall give the
28commission power and jurisdiction with respect to a local publicly
29owned electric utility or its customers.

30(3) (A) Programs for the installation of solar energy systems
31on new construction (New Solar Homes Partnership Program),
32administered by the Energy Commission, and funded by charges
33in the amount of four hundred million dollars ($400,000,000),
34collected from customers of San Diego Gas and Electric Company,
35Southern California Edison Company, and Pacific Gas and Electric
36Company. If the commission is notified by the Energy Commission
37that funding available pursuant to Section 25751 of the Public
38Resources Code for the New Solar Homes Partnership Program
39and any other funding for the purposes of this paragraph have been
40exhausted, the commission may require an electrical corporation
P51   1to continue administration of the program pursuant to the guidelines
2established for the program by the Energy Commission, until the
3funding limit authorized by this paragraph has been reached. The
4commission may determine whether a third party, including the
5Energy Commission, should administer the utility’s continuation
6of the New Solar Homes Partnership Program. The commission,
7in consultation with the Energy Commission, shall supervise the
8administration of the continuation of the New Solar Homes
9Partnership Program by an electrical corporation or third-party
10administrator. After the exhaustion of funds, the Energy
11Commission shall notify the Joint Legislative Budget Committee
1230 days prior to the continuation of the program. This subparagraph
13shall become inoperative on June 1, 2018.

14(B) If the commission requires a continuation of the program
15pursuant to subparagraph (A), any funding made available pursuant
16to the continuation program shall be encumbered through the
17issuance of rebate reservations by no later than June 1, 2018, and
18disbursed by no later than December 31, 2021.

19(4) The changes made to this subdivision by Chapter 39 of the
20Statutes of 2012 do not authorize the levy of a charge or any
21increase in the amount collected pursuant to any existing charge,
22nor do the changes add to, or detract from, the commission’s
23existing authority to levy or increase charges.

24(f) Upon the expenditure or reservation in any electrical
25corporation’s service territory of the amount specified in paragraph
26(1) of subdivision (e) for low-income residential housing programs
27pursuant to subdivision (c) of Section 2852, the commission shall
28authorize the continued collection of the charge for the purposes
29of Section 2852. The commission shall ensure that the total amount
30collected pursuant to this subdivision does not exceed one hundred
31eight million dollars ($108,000,000). Upon approval by the
32commission, an electrical corporation may use amounts collected
33pursuant to subdivision (e) for purposes of funding the general
34market portion of the California Solar Initiative, that remain
35unspent and unencumbered after December 31, 2016, to reduce
36the electrical corporation’s portion of the total amount collected
37pursuant to this subdivision.

38

begin deleteSEC. 59.end delete
39begin insertSEC. 58.end insert  

Section 2881 of the Public Utilities Code is amended
40to read:

P52   1

2881.  

(a) The commission shall design and implement a
2program to provide a telecommunications device capable of serving
3the needs of individuals who are deaf or hearing impaired, together
4with a single party line, at no charge additional to the basic
5exchange rate, to a subscriber who is certified as an individual
6who is deaf or hearing impaired by a licensed physician and
7surgeon, audiologist, or a qualified state or federal agency, as
8determined by the commission, and to a subscriber that is an
9organization representing individuals who are deaf or hearing
10impaired, as determined and specified by the commission pursuant
11to subdivision (h). A licensed hearing aid dispenser may certify
12the need of an individual to participate in the program if that
13individual has been previously fitted with an amplified device by
14the dispenser and the dispenser has the individual’s hearing records
15on file prior to certification. In addition, a physician assistant may
16certify the needs of an individual who has been diagnosed by a
17physician and surgeon as being deaf or hearing impaired to
18participate in the program after reviewing the medical records or
19copies of the medical records containing that diagnosis.

20(b) The commission shall also design and implement a program
21to provide a dual-party relay system, using third-party intervention
22to connect individuals who are deaf or hearing impaired and offices
23of organizations representing individuals who are deaf or hearing
24impaired, as determined and specified by the commission pursuant
25to subdivision (h), with persons of normal hearing by way of
26intercommunications devices for individuals who are deaf or
27hearing impaired and the telephone system, making available
28reasonable access of all phases of public telephone service to
29telephone subscribers who are deaf or hearing impaired. In order
30to make a dual-party relay system that will meet the requirements
31of individuals who are deaf or hearing impaired available at a
32reasonable cost, the commission shall initiate an investigation,
33conduct public hearings to determine the most cost-effective
34method of providing dual-party relay service to the deaf or hearing
35impaired when using a telecommunications device, and solicit the
36advice, counsel, and physical assistance of statewide nonprofit
37consumer organizations of the deaf, during the development and
38implementation of the system. The commission shall apply for
39certification of this program under rules adopted by the Federal
40Communications Commission pursuant to Section 401 of the
P53   1federal Americans with Disabilities Act of 1990 (Public Law
2101-336).

3(c) The commission shall also design and implement a program
4whereby specialized or supplemental telephone communications
5equipment may be provided to subscribers who are certified to be
6disabled at no charge additional to the basic exchange rate. The
7certification, including a statement of visual or medical need for
8specialized telecommunications equipment, shall be provided by
9a licensed optometrist, physician and surgeon, or physician
10assistant, acting within the scope of practice of his or her license,
11or by a qualified state or federal agency as determined by the
12commission. The commission shall, in this connection, study the
13feasibility of, and implement, if determined to be feasible, personal
14income criteria, in addition to the certification of disability, for
15determining a subscriber’s eligibility under this subdivision.

16(d) (1) The commission shall also design and implement a
17program to provide access to a speech-generating device to any
18subscriber who is certified as having a speech disability at no
19charge additional to the basic exchange rate. The certification shall
20be provided by a licensed physician, licensed speech-language
21pathologist, or qualified state or federal agency. The commission
22shall provide to a certified subscriber access to a speech-generating
23device that is all of the following:

24(A) A telecommunications device or a device that includes a
25telecommunications component.

26(B) Appropriate to meet the subscriber’s needs for access to,
27and use of, the telephone network, based on the recommendation
28of a licensed speech-language pathologist.

29(C) Consistent with the quality of speech-generating devices
30available for purchase in the state.

31(2) The commission shall adopt rules to implement this
32subdivision and subdivision (e) by January 1, 2014.

33(e) All of the following apply to any device or equipment
34described in this section that is classified as durable medical
35equipment under guidelines established by the United States
36Department of Health and Human Services:

37(1) It is the intent of the Legislature that the commission be the
38provider of last resort and that eligible subscribers first obtain
39coverage from any available public or private insurance.

P54   1(2) The commission may require the subscriber to provide
2information about coverage for any or all of the cost of the device
3or equipment that is available from any public or private insurance,
4the cost to the subscriber of any deductible, copayment, or other
5relevant expense, and any related benefit cap information.

6(3) The total cost of any device or equipment provided to a
7subscriber under this section shall not exceed the rate of
8reimbursement provided by Medi-Cal for that device or equipment.

9(f) Nothing in this section requires the commission to provide
10training to a subscriber on the use of a speech-generating device.

11(g) The commission shall establish a rate recovery mechanism
12through a surcharge not to exceed one-half of 1 percent uniformly
13applied to a subscriber’s intrastate telephone service, other than
14one-way radio paging service and universal telephone service,
15both within a service area and between service areas, to allow
16providers of the equipment and service specified in subdivisions
17(a), (b), (c), and (d) to recover costs as they are incurred under this
18section. The surcharge shall be in effect until January 1, 2020. The
19commission shall require that the programs implemented under
20this section be identified on subscribers’ bills, and shall establish
21a fund and require separate accounting for each of the programs
22implemented under this section.

23(h) The commission shall determine and specify those statewide
24organizations representing the deaf or hearing impaired that shall
25receive a telecommunications device pursuant to subdivision (a)
26or a dual-party relay system pursuant to subdivision (b), or both,
27and in which offices the equipment shall be installed in the case
28of an organization having more than one office.

29(i) The commission may direct a telephone corporation subject
30to its jurisdiction to comply with its determinations and
31specifications pursuant to this section.

32(j) The commission shall annually review the surcharge level
33and the balances in the funds established pursuant to subdivision
34(g). Until January 1, 2020, the commission may make, within the
35limits set by subdivision (g), any necessary adjustments to the
36surcharge to ensure that the programs supported thereby are
37adequately funded and that the fund balances are not excessive. A
38fund balance that is projected to exceed six months’ worth of
39projected expenses at the end of the fiscal year is excessive.

P55   1(k) In order to continue to meet the access needs of individuals
2with functional limitations of hearing, vision, movement,
3manipulation, speech, and interpretation of information, the
4commission shall perform ongoing assessment of, and if
5appropriate, expand the scope of the program to allow for
6additional access capability consistent with evolving
7telecommunications technology.

8(l) The commission shall structure the programs required by
9this section so that a charge imposed to promote the goals of
10universal service reasonably equals the value of the benefits of
11universal service to contributing entities and their subscribers.

12

begin deleteSEC. 60.end delete
13begin insertSEC. 59.end insert  

Section 2891 of the Public Utilities Code is amended
14to read:

15

2891.  

(a) No telephone or telegraph corporation shall make
16available to any other person or corporation, without first obtaining
17the residential subscriber’s consent, in writing, any of the following
18information:

19(1) The subscriber’s personal calling patterns, including any
20listing of the telephone or other access numbers called by the
21subscriber, but excluding the identification to the person called of
22the person calling and the telephone number from which the call
23was placed, subject to the restrictions in Section 2893, and also
24excluding billing information concerning the person calling which
25federal law or regulation requires a telephone corporation to
26provide to the person called.

27(2) The residential subscriber’s credit or other personal financial
28information, except when the corporation is ordered by the
29commission to provide this information to any electrical, gas, heat,
30telephone, telegraph, or water corporation, or centralized credit
31check system, for the purpose of determining the creditworthiness
32of new utility subscribers.

33(3) The services which the residential subscriber purchases from
34the corporation or from independent suppliers of information
35services who use the corporation’s telephone or telegraph line to
36provide service to the residential subscriber.

37(4) Demographic information about individual residential
38subscribers, or aggregate information from which individual
39identities and characteristics have not been removed.

P56   1(b) Any residential subscriber who gives his or her written
2consent for the release of one or more of the categories of personal
3information specified in subdivision (a) shall be informed by the
4telephone or telegraph corporation regarding the identity of each
5person or corporation to whom the information has been released,
6upon written request. The corporation shall notify every residential
7subscriber of the provisions of this subdivision whenever consent
8is requested pursuant to this subdivision.

9(c) Any residential subscriber who has, pursuant to subdivision
10(b), given written consent for the release of one or more of the
11categories of personal information specified in subdivision (a) may
12rescind this consent upon submission of a written notice to the
13telephone or telegraph corporation. The corporation shall cease to
14make available any personal information about the subscriber,
15within 30 days following receipt of notice given pursuant to this
16subdivision.

17(d) This section does not apply to any of the following:

18(1) Information provided by residential subscribers for inclusion
19in the corporation’s directory of subscribers.

20(2) Information customarily provided by the corporation through
21directory assistance services.

22(3) Postal ZIP Code information.

23(4) Information provided under supervision of the commission
24to a collection agency by the telephone corporation exclusively
25for the collection of unpaid debts.

26(5) Information provided to an emergency service agency
27responding to a 911 telephone call or any other call communicating
28an imminent threat to life or property.

29(6) Information provided to a law enforcement agency in
30response to lawful process.

31(7) Information which is required by the commission pursuant
32to its jurisdiction and control over telephone and telegraph
33corporations.

34(8) Information transmitted between telephone or telegraph
35corporations pursuant to the furnishing of telephone service
36between or within service areas.

37(9) Information required to be provided by the corporation
38pursuant to rules and orders of the commission or the Federal
39Communications Commission regarding the provision over
P57   1telephone lines by parties other than the telephone and telegraph
2corporations of telephone or information services.

3(10) The name and address of the lifeline customers of a
4telephone corporation provided by that telephone corporation to
5a public utility for the sole purpose of low-income ratepayer
6assistance outreach efforts. The telephone corporation receiving
7the information request pursuant to this paragraph may charge the
8requesting utility for the cost of the search and release of the
9requested information.

10(11) Information provided in response to a request pursuant to
11subdivision (a) of Section 530.8 of the Penal Code.

12(e) Every violation is a grounds for a civil suit by the aggrieved
13residential subscriber against the telephone or telegraph corporation
14and its employees responsible for the violation.

15(f) For purposes of this section, “access number” means a telex,
16teletex, facsimile, computer modem, or any other code which is
17used by a residential subscriber of a telephone or telegraph
18corporation to direct a communication to another subscriber of the
19same or another telephone or telegraph corporation.

20

begin deleteSEC. 61.end delete
21begin insertSEC. 60.end insert  

Section 5006 of the Public Utilities Code is amended
22and renumbered to read:

23

918.  

The commission shall, within 30 days prior to
24commencement of the regular session of the Legislature, submit
25to the Governor a full and true report of transactions under Chapter
266 (commencing with Section 5001) of Division 2 during the
27preceding biennium, including a complete statement of receipts
28and expenditures during the period.

29

begin deleteSEC. 62.end delete
30begin insertSEC. 61.end insert  

Section 5012 of the Public Utilities Code is amended
31and renumbered to read:

32

912.1.  

The Public Utilities Commission shall conduct an audit
33of the expenditures of the funds received pursuant to Chapter 6
34(commencing with Section 5001) of Division 2 each fiscal year.
35The results of this audit shall be reported in writing, on or before
36February 15th of each year thereafter, with respect to the audit for
37the fiscal year ending on the previous June 30th, to the appropriate
38policy and budget committees of the respective houses of the
39Legislature.

P58   1

begin deleteSEC. 63.end delete
2begin insertSEC. 62.end insert  

Section 5385.5 of the Public Utilities Code is repealed.

3

begin deleteSEC. 64.end delete
4begin insertSEC. 63.end insert  

Section 5387 of the Public Utilities Code is amended
5to read:

6

5387.  

(a) It is unlawful for the owner of a charter-party carrier
7of passengers to permit the operation of a vehicle upon a public
8highway for compensation without (1) having obtained from the
9commission a certificate or permit pursuant to this chapter, (2)
10having complied with the vehicle identification requirements of
11Section 5385, and (3) having complied with the accident liability
12protection requirements of Section 5391.

13(b) A person who drives a bus for a charter-party carrier without
14having a current and valid driver’s license of the proper class, a
15passenger vehicle endorsement, or the required certificate shall be
16suspended from driving a bus of any kind, including, but not
17limited to, a bus, schoolbus, school pupil activity bus, or transit
18bus, with passengers for a period of five years pursuant to Section
1913369 of the Vehicle Code.

20(c) (1) A charter-party carrier shall have its authority to operate
21as a charter-party carrier permanently revoked by the commission
22or be permanently barred from receiving a permit or certificate
23from the commission if it commits any of the following acts:

24(A) Operates a bus without having been issued a permit or
25certificate from the commission.

26(B) Operates a bus with a permit that was suspended by the
27commission pursuant to Section 5378.5.

28(C) Commits three or more liability insurance violations within
29a two-year period for which it has been cited.

30(D) Operates a bus with a permit that was suspended by the
31commission during a period that the charter-party carrier’s liability
32insurance lapsed for which it has been cited.

33(E) Knowingly employs abegin delete busdriverend deletebegin insert bus driverend insert who does not
34have a current and valid driver’s license of the proper class, a
35passenger vehicle endorsement, or the required certificate to drive
36a bus.

37(F) Has one or more buses improperly registered with the
38Department of Motor Vehicles.

39(2) The commission shall not issue a new permit or certificate
40to operate as a charter-party carrier if any officer, director, or owner
P59   1of that charter-party carrier was an officer, director, or owner of
2a charter-party carrier that had its authority to operate as a
3charter-party carrier permanently revoked by the commission or
4that was permanently barred from receiving a permit or certificate
5from the commission pursuant to this subdivision.

6(d) An officer of the Department of the California Highway
7Patrol may impound a bus of a charter-party carrier for 30 days
8pursuant to Section 14602.9 of the Vehiclebegin delete Codeend deletebegin insert Code,end insert if the
9officer determines that any of the following violations occurred
10while the busdriver was operating the bus of a charter-party carrier:

11(1) The driver was operating the bus of a charter-party carrier
12when the charter-party carrier did not have a permit or certificate
13issued by the commission.

14(2) The driver was operating the bus of a charter-party carrier
15when the charter-party carrier was operating the bus with a
16suspended permit or certificate from the commission.

17(3) The driver was operating the bus of a charter-party carrier
18without having a current and valid driver’s license of the proper
19class, a passenger vehicle endorsement, or the required certificate.

20begin insert

begin insertSEC. 63.5.end insert  

end insert

begin insertSection 5387 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
21to read:end insert

22

5387.  

(a) It is unlawful for the owner of a charter-party carrier
23of passengers to permit the operation of a vehicle upon a public
24highway for compensation without (1) having obtained from the
25commission a certificate or permit pursuant to this chapter, (2)
26having complied with the vehicle identification requirements of
27Sectionbegin delete 5385 or 5385.5,end deletebegin insert 5385,end insert and (3) having complied with the
28accident liability protection requirements of Section 5391.

29(b) A person who drives a bus for a charter-party carrier without
30having a current and valid driver’s license of the proper class, a
31passenger vehicle endorsement, or the required certificate shall be
32suspended from driving a bus of any kind, including, but not
33limited to, a bus, schoolbus, school pupil activity bus, or transit
34bus, with passengers for a period of five years pursuant to Section
3513369 of the Vehicle Code.

36(c) (1) A charter-party carrier shall have its authority to operate
37as a charter-party carrier permanently revoked by the commission
38or be permanently barred from receiving a permit or certificate
39from the commission if it commits any of the following acts:

P60   1(A) Operates a bus without having been issued a permit or
2certificate from the commission.

3(B) Operates a bus with a permit that was suspended by the
4commission pursuant to Section 5378.5.

5(C) Commits three or more liability insurance violations within
6a two-year period for which it has been cited.

7(D) Operates a bus with a permit that was suspended by the
8commission during a period that the charter-party carrier’s liability
9insurance lapsed for which it has been cited.

10(E) Knowingly employs abegin delete busdriverend deletebegin insert bus driverend insert who does not
11have a current and valid driver’s license of the proper class, a
12passenger vehicle endorsement, or the required certificate to drive
13a bus.

14(F) Has one or more buses improperly registered with the
15Department of Motor Vehicles.

16(2) The commission shall not issue a new permit or certificate
17to operate as a charter-party carrier if any officer, director, or owner
18of that charter-party carrier was an officer, director, or owner of
19a charter-party carrier that had its authority to operate as a
20charter-party carrier permanently revoked by the commission or
21that was permanently barred from receiving a permit or certificate
22from the commission pursuant to this subdivision.

23(d) begin deleteAn officer of the Department of the California Highway
24Patrol end delete
begin insertA peace officer, as designated pursuant to Chapter 4.5
25(commencing with Section 830) of Title 3 of Part 2 of the Penal
26Code, end insert
may impound a busbegin insert or limousineend insert of a charter-party carrier
27begin insert of passengersend insert for 30 days pursuant to Section 14602.9 of the
28Vehicle Code if thebegin insert peaceend insert officer determines that any of the
29following violations occurred while thebegin delete busdriverend deletebegin insert driverend insert was
30operating the busbegin insert or limousineend insert ofbegin delete aend deletebegin insert theend insert charter-party carrier:

31(1) The driver was operating the busbegin insert or limousineend insert of a
32charter-party carrierbegin insert of passengersend insert when the charter-party carrier
33begin insert of passengersend insert did not have a permit or certificate issued by the
34commission.

35(2) The driver was operating the busbegin insert or limousineend insert of a
36charter-party carrierbegin insert of passengersend insert when the charter-party carrier
37begin insert of passengersend insert was operatingbegin delete the busend delete with a suspended permit or
38certificate from the commission.

39(3) The driver was operating the busbegin insert or limousineend insert of a
40charter-party carrierbegin insert of passengersend insert without having a current and
P61   1valid driver’s license of the proper class, a passenger vehicle
2endorsement, or the required certificate.

begin insert

3(e) This section does not authorize the impoundment of privately
4owned personal vehicles that are not common carriers nor the
5impoundment of vehicles used in transportation for compensation
6by charter-party carriers of passengers that are not required to
7carry individual permits.

end insert
8

begin deleteSEC. 65.end delete
9begin insertSEC. 64.end insert  

Section 5920 of the Public Utilities Code is amended
10to read:

11

5920.  

A holder of a state franchise employing more than 750
12total employees in California shall annually report to the
13commission all of the following:

14(a) The number of California residents employed by the holder,
15calculated on a full-time or full-time equivalent basis.

16(b) The percentage of the holder’s total domestic workforce,
17calculated on a full-time or full-time equivalent basis.

18(c) The types and numbers of jobs by occupational classification
19held by residents of California employed by holders of state
20franchises and the average pay and benefits of those jobs and,
21separately, the number of out-of-state residents employed by
22independent contractors, companies, and consultants hired by the
23holder, calculated on a full-time or full-time equivalent basis, when
24the holder is not contractually prohibited from disclosing the
25information to the public. This paragraph applies only to those
26employees of an independent contractor, company, or consultant
27that are personally providing services to the holder, and does not
28apply to employees of an independent contractor, company, or
29consultant not personally performing services for the holder.

30(d) The number of net new positions proposed to be created
31directly by the holder of a state franchise during the upcoming
32year by occupational classifications and by category of full-time,
33part-time, temporary, and contract employees.

34

begin deleteSEC. 66.end delete
35begin insertSEC. 65.end insert  

Section 5960 of the Public Utilities Code is amended
36to read:

37

5960.  

(a) For purposes of this section, “census tract” has the
38same meaning as used by the United States Census Bureau, and
39“household” has the same meaning as specified in Section 5890.

P62   1(b) Every holder, no later than April 1, 2008, and annually no
2later than April 1 thereafter, shall report to the commission on a
3census tract basis the following information:

4(1) Broadband information:

5(A) The number of households to which the holder makes
6broadband available in this state. If the holder does not maintain
7this information on a census tract basis in its normal course of
8business, the holder may reasonably approximate the number of
9households based on information it keeps in the normal course of
10business.

11(B) The number of households that subscribe to broadband that
12the holder makes available in this state.

13(C) Whether the broadband provided by the holder utilizes
14wireline-based facilities or another technology.

15(2) Video information:

16(A) If the holder is a telephone corporation:

17(i) The number of households in the holder’s telephone service
18area.

19(ii) The number of households in the holder’s telephone service
20area that are offered video service by the holder.

21(B) If the holder is not a telephone corporation:

22(i) The number of households in the holder’s video service area.

23(ii) The number of households in the holder’s video service area
24that are offered video service by the holder.

25(3) Low-income household information:

begin delete

26(i)

end delete

27begin insert(A)end insert The number of low-income households in the holder’s video
28service area.

begin delete

29(ii)

end delete

30begin insert(B)end insert The number of low-income households in the holder’s video
31service area that are offered video service by the holder.

32(c) All information submitted to the commission pursuant to
33this section shall be disclosed to the public only as provided for
34pursuant to Section 583.

35

begin deleteSEC. 67.end delete
36begin insertSEC. 66.end insert  

Section 7661 of the Public Utilities Code is amended
37to read:

38

7661.  

(a) The commission shall require every railroad
39corporation operating in this state to develop, within 90 days of
40the effective date of the act adding this section, in consultation
P63   1with, and with the approval of, the Office of Emergency Services,
2a protocol for rapid communications with the Office of Emergency
3Services, the Department of the California Highway Patrol, and
4designated county public safety agencies in an endangered area if
5there is a runaway train or any other uncontrolled train movement
6that threatens public health and safety.

7(b) A railroad corporation shall promptly notify the Office of
8Emergency Services, the Department of the California Highway
9Patrol, and designated county public safety agencies, through a
10communication to the Warning Center of the Office of Emergency
11Services, if there is a runaway train or any other uncontrolled train
12movement that threatens public health and safety, in accordance
13with the railroad corporation’s communications protocol developed
14pursuant to subdivision (a).

15(c) The notification required pursuant to subdivision (b) shall
16include the following information, whether or not an accident or
17spill occurs:

18(1) The information required by subdivision (c) of Section 7673.

19(2) In the event of a runaway train, a train list.

20(3) In the event of an uncontrolled train movement or
21uncontrolled movement of railcars, a track list or other inventory
22document if available.

23(d) The division of the commission responsible for consumer
24protection and safety shall investigate any incident that results in
25a notification required pursuant to subdivision (b).

26

begin deleteSEC. 68.end delete
27begin insertSEC. 67.end insert  

Section 7711 of the Public Utilities Code is amended
28and renumbered to read:

29

916.2.  

The commission shall annually report to the Legislature,
30on or before July 1, on sites on railroad lines in the state it finds
31to be hazardous. The report shall include, but not be limited to,
32information on all of the following:

33(a) A list of all railroad derailment accident sites in the state on
34which accidents have occurred within at least the previous five
35years. The list shall describe the nature and probable causes of the
36accidents, if known, and shall indicate whether the accidents
37occurred at or near sites that the commission has determined,
38pursuant to subdivision (b), pose a local safety hazard.

39(b) A list of all railroad sites in the state that the commission
40determines, pursuant to Section 20106 of Title 49 of the United
P64   1States Code, pose a local safety hazard. The commission may
2submit in the annual report the list of railroad sites submitted in
3the immediate prior year annual report, and may amend or revise
4that list from the immediate prior year as necessary. Factors that
5the commission shall consider in determining a local safety hazard
6may include, but need not be limited to, all of the following:

7(1) The severity of grade and curve of track.

8(2) The value of special skills of train operators in negotiating
9the particular segment of railroad line.

10(3) The value of special railroad equipment in negotiating the
11particular segment of railroad line.

12(4) The types of commodities transported on or near the
13particular segment of railroad line.

14(5) The hazard posed by the release of the commodity into the
15environment.

16(6) The value of special railroad equipment in the process of
17safely loading, transporting, storing, or unloading potentially
18hazardous commodities.

19(7) The proximity of railroad activity to human activity or
20sensitive environmental areas.

21(8) A list of the root causes and significant contributing factors
22of all train accidents or derailments investigated.

23(c) In determining which railroad sites pose a local safety hazard
24pursuant to subdivision (b), the commission shall consider the
25history of accidents at or near the sites. The commission shall not
26limit its determination to sites at which accidents have already
27occurred, but shall identify potentially hazardous sites based on
28the criteria enumerated in subdivision (b) and all other criteria that
29the commission determines influence railroad safety. The
30commission shall also consider whether any local safety hazards
31at railroad sites have been eliminated or sufficiently remediated
32to warrant removal of the site from the list required under
33subdivision (b).

34(d) The commission may combine the information required to
35be reported by this section with the report prepared pursuant to
36Section 916.

37

begin deleteSEC. 69.end delete
38begin insertSEC. 68.end insert  

Section 7712 of the Public Utilities Code is amended
39to read:

P65   1

7712.  

On or before January 1, 1993, the commission shall adopt
2regulations, based on its findings and not inconsistent with federal
3law. The commission may amend or revise the regulations as
4necessary thereafter, to reduce the potential railroad hazards
5identified in Section 916.2. In adopting the regulations, the
6commission shall consider at least all of the following:

7(a) Establishing special railroad equipment standards for trains
8operated on railroad sites identified as posing a local safety hazard
9pursuant to subdivision (b) of Section 916.2. These standards may
10include, but need not be limited to, standards for all of the
11following:

12(1) Sizes, numbers, and configurations of locomotives.

13(2) Brakes.

14(b) Establishing special train operating standards for trains
15operated over railroad sites identified as posing a local safety
16hazard pursuant to subdivision (b) of Section 916.2. These
17standards may include, but need not be limited to, standards for
18all of the following:

19(1) Length, weight, and weight distribution of trains.

20(2) Speeds and accelerations of trains.

21(3) Hours of allowable travel.

22(c) Establishing special training, personnel, and performance
23standards for operators of trains that travel on railroad sites
24identified as posing a local safety hazard pursuant to subdivision
25(b) of Section 916.2.

26(d) Establishing special inspection and reporting standards for
27trains operated on railroad sites identified as posing a local safety
28hazard pursuant to subdivision (b) of Section 916.2.

29

begin deleteSEC. 70.end delete
30begin insertSEC. 69.end insert  

Section 7912 of the Public Utilities Code is amended
31to read:

32

7912.  

A public utility employing more than 750 total employees
33shall annually report to the commission all of the following:

34(a) The number of customers served in California by the public
35utility.

36(b) The percentage of the public utility’s total domestic customer
37base that resides in California.

38(c) The number of California residents employed by the public
39utility, calculated on a full-time or full-time equivalent basis.

P66   1(d) The percentage of the public utility’s total domestic
2workforce, calculated on a full-time or full-time equivalent basis,
3that resides in California.

4(e) The capital investment in the public utility’s tangible and
5intangible plant which ordinarily have a service life of more than
6one year, including plant used by the company or others in
7providing public utility services, in California during the yearly
8reporting period.

9(f) The number of California residents employed by independent
10contractors and consultants hired by the public utility, calculated
11on a full-time or full-time equivalent basis, when the public utility
12has obtained this information upon requesting it from the
13independent contractor or consultant, and the public utility is not
14contractually prohibited from disclosing the information to the
15public. This subdivision is inapplicable to contractors and
16consultants that are a public utility subject to the reporting
17requirements of this section. This paragraph applies only to those
18employees of an independent contractor or consultant that are
19personally providing services to the public utility, and does not
20apply to employees of an independent contractor or consultant not
21personally performing services for the public utility.

22

begin deleteSEC. 71.end delete
23begin insertSEC. 70.end insert  

Section 8283 of the Public Utilities Code is amended
24to read:

25

8283.  

(a) The commission shall require each electrical, gas,
26water, wireless telecommunications service provider, and telephone
27corporation with gross annual revenues exceeding twenty-five
28million dollars ($25,000,000) and their commission-regulated
29subsidiaries and affiliates, to submit annually, a detailed and
30verifiable plan for increasing procurement from women, minority,
31disabled veteran, and LGBT business enterprises in all categories,
32including, but not limited to, renewable energy, wireless
33telecommunications, broadband, smart grid, and rail projects.

34(b) These annual plans shall include short- and long-term goals
35and timetables, but not quotas, and shall include methods for
36encouraging both prime contractors and grantees to engage women,
37minority, disabled veteran, and LGBT business enterprises in
38subcontracts in all categories that provide subcontracting
39opportunities, including, but not limited to, renewable energy,
P67   1wireless telecommunications, broadband, smart grid, and rail
2projects.

3(c) The commission shall establish guidelines for all electrical,
4gas, water, wireless telecommunications service providers, and
5telephone corporations with gross annual revenues exceeding
6twenty-five million dollars ($25,000,000) and their
7commission-regulated subsidiaries and affiliates, to be utilized in
8establishing programs pursuant to this article.

9(d) Every electrical, gas, water, wireless telecommunications
10service provider, and telephone corporation with gross annual
11revenues exceeding twenty-five million dollars ($25,000,000) shall
12furnish an annual report to the commission regarding the
13implementation of programs established pursuant to this article in
14a form that the commission shall require, and at the time that the
15commission shall annually designate. The report shall include the
16information about LGBT business enterprises beginning with the
172016 report.

18(e) (1) The Legislature declares that each electrical, gas, water,
19mobile telephony service provider, and telephone corporation that
20is not required to submit a plan pursuant to subdivision (a) is
21encouraged to voluntarily adopt a plan for increasing women,
22minority, disabled veteran, and LGBT business enterprise
23procurement in all categories.

24(2) The Legislature declares that each cable television
25corporation and direct broadcast satellite provider is encouraged
26to voluntarily adopt a plan for increasing women, minority,
27disabled veteran, and LGBT business enterprise procurement and
28to voluntarily report activity in this area to the Legislature on an
29annual basis.

30

begin deleteSEC. 72.end delete
31begin insertSEC. 71.end insert  

Section 8367 of the Public Utilities Code is amended
32and renumbered to read:

33

begin delete913.11.end delete
34begin insert913.2.end insert  

By January 1, 2011, and by January 1 of each year
35thereafter, the commission shall report to the Governor and the
36Legislature on the commission’s recommendations for a smart
37grid, the plans and deployment of smart grid technologies by the
38state’s electrical corporations, and the costs and benefits to
39ratepayers.

P68   1begin insert

begin insertSEC. 72.end insert  

end insert
begin insert

Section 3.5 of this bill incorporates amendments to
2Section 281 of the Public Utilities Code proposed by this bill and
3Assembly Bill 1262. It shall only become operative if (1) both bills
4are enacted and become effective on or before January 1, 2016,
5(2) each bill amends Section 281 of the Public Utilities Code, and
6(3) this bill is enacted after Assembly Bill 1262, in which case
7Section 281 of the Public Utilities Code, as amended by Assembly
8Bill 1262, shall remain operative only until the operative date of
9this bill, at which time Section 3.5 of this bill shall become
10operative, and Section 3 of this bill shall not become operative.

end insert
11begin insert

begin insertSEC. 73.end insert  

end insert
begin insert

Section 63.5 of this bill incorporates amendments to
12Section 5387 of the Public Utilities Code proposed by both this
13bill and Senate Bill 541. It shall only become operative if (1) both
14bills are enacted and become effective on or before January 1,
152016, (2) each bill amends Section 5387 of the Public Utilities
16Code, and (3) this bill is enacted after Senate Bill 541, in which
17case Section 63 of this bill shall not become operative.

end insert
18begin insert

begin insertSEC. 74.end insert  

end insert

begin insertSection 28 of this bill shall not become operative if
19(1) Senate Bill 48 and this bill are both enacted and become
20effective on or before January 1, 2016, and (2) Senate Bill 48 and
21this bill both add Section 910 to the Public Utilities Code.end insert

22begin insert

begin insertSEC. 75.end insert  

end insert

begin insertSection 29 of this bill shall not become operative if
23(1) Senate Bill 48 and this bill are both enacted and become
24effective on or before January 1, 2016, and (2) Senate Bill 48 and
25this bill both add Section 910.1 to the Public Utilities Code.end insert



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